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diff --git a/assignment3/background.tex b/assignment3/background.tex index 3d15dd7..2f60dd5 100644 --- a/assignment3/background.tex +++ b/assignment3/background.tex @@ -1,4 +1,4 @@ -\section{The resource consent process in a nutshell} +\section{The resource consent process} \paragraph{Screening and scoping.} In New Zealand development activities are regulated through regional and district plans. These @@ -7,10 +7,10 @@ process that provides ample opportunity for consultation with the public and industry representatives alike \parencite{miller2010implementing}. For any activity not explicitly permitted by the plans and policy statements a resource -consent must be obtained \parencite{fookes}. Any activity that claims -to have significant positive impacts on the region---the type of -activity that this analysis focuses on---is very likely to also -require resource consents. +consent must be obtained \parencite{fookes}. Any development activity +that is advertised as resulting in significant positive impacts on the +region---the type of activity that this analysis focuses on---is very +likely to also require resource consents. \paragraph{Assessment of effects and optional consulation.} After checking the appropriate district or regional plans to confirm whether @@ -29,14 +29,39 @@ to be improved significantly may also be rejected altogether. % TODO: what percentage of applications is rejected at this stage? % majority of rejected applications are made by private people. -\paragraph{Submissions and hearings.} After a review of the AEE, the +\paragraph{Notification.} After a review of the AEE, the council processing the resource consent application may decide to involve the public by means of public notification or determine that public notification is not required when the activity is expected to only have minor effects and all affected parties agree on the proposal \parencite{fookes}. +% TODO: a little more on notification types + +Often the quality and coverage of activities in the council's plan +determine whether or not the expected effects of a development +activity will be considered minor and thus influence directly whether +an application will be publicly notified. This dependency on plan +quality and coverage can be seen in the dealings of the Christchurch +City Council with a series of resource consent applications between +2004 and 2006 relating to the construction of a 53 metre high office +block and an adjacent car park building \parencite{ruske}. The first +application in 2004 was processed on a non-notified basis, despite the +opposition of about 1,300 people who presented a petition to the +council in which they demanded a change to the city plan to explicitly +restrict the height of buildings in the affected zone. Since the city +plan did not include any height restrictions for buildings in the +zone, the application could not be rejected on grounds of +non-compliance. A second application for a scaled-down proposal was +also approved without public notification. + +\subsection{Submissions from the public and hearings} + +- in the case of public notification, council prepares a report based +on submissions, the AEE and additional evidence provided by the +applicant. The report is hence strongly influenced by the applicant's +input. + -% TODO \paragraph{Officer's report and decision-making.} TODO. @@ -110,11 +135,4 @@ Environment Court. % through techniques used in consents. \end{quote} [confessions, p 13] -\subsection{Submissions from the public and hearings} - -- in the case of public notification, council prepares a report based -on submissions, the AEE and additional evidence provided by the -applicant. The report is hence strongly influenced by the applicant's -input. - % TODO
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