Permitted Boundary Activities
From 18 October 2017 you may be able to apply to Council for a Permitted Boundary Activity if you meet certain criteria set down by the RMA. Our analysis of past consents shows that on average we processed only about 50 applications a year that would qualify for this new process. This is because most applications have another type of infringement other than a boundary rule - for example, earthworks or site coverage which do not meet the definition of boundary rule.
In order to qualify for a Permitted Boundary Activity you will need to demonstrate that you have one or more infringement/s of only boundary rules and you have the written approval of the neighbour/s of the infringed boundary/boundaries. To assist you with determining whether the rules you infringe are in fact ‘boundary rules’ as defined by the RMA, we have come up with a list of our District Plan rules that meet the definition. Please see the Interpretation Notes on Boundary Activities for the Waikato Section of the District Plan and for the Franklin Section of the District Plan.
If you do qualify for a Permitted Boundary Activity you can apply by filling out the Permitted Boundary Application formalong with the specific PBA written persons approval form and submitting it as described on the application form.
We will have 10 working days to confirm you are either a Permitted Boundary Activity or you are not (this could be either because you haven’t supplied the correct information, or you do not qualify). There is no ability for us to stop the clock and request further information from you.
The Ministry for the Environment has provided a flow chart and some technical guidance to help demonstrate how the Permitted Boundary Activities work. These documents are designed for use by Councils but will be useful to help you understand the process.
Due to the new streamlined process the fee for Boundary Encroachments with neighbours written approval has been reduced from $700 currently listed in the schedule of fees to $350. This fee covers all costs for processing your PBA and you will not be charged additional costs. However if your application is returned and you decide to resubmit a new application, you may be required to pay a new fee.
If you are worried as to whether you have the right information for lodging your PBA please check with the Duty Planner.