Any works proposed on land subject to a Designation or Notice of Requirement from Auckland Transport (AT), which will prevent or hinder the public work (including increasing the cost or complexity of that work) must have written consent from AT before the works can begin.
A designation is a provision made in a district plan to give effect to a requirement made by a requiring authority (in this case AT) for a project or work.
A designation authorises AT to undertake the project or work on a specific site/route, as well as any other area where the restriction is necessary for the safe or efficient functioning or operation of the project or work. Designations form part of any relevant district plans and authorise the associated land use activities specified in the designation. Separate regional consents may still be required to authorise works.
Designations have two primary functions:
- To allow the proposed public work to be carried out in accordance with the purpose and conditions of the designation.
- To protect the land from activities that may compromise the proposed public work, by either preventing or hindering the work from taking place.
A Notice of Requirement once lodged with the Council also has interim effect, in that it protects the land from activities that may prevent or hinder the proposed public work. This means that from the date of lodgment of a Notice of Requirement, written consent must be obtained from the requiring authority for any activity under s 178 of the Resource Management Act 1991.
View designations in Auckland on the Proposed Auckland Unitary Plan on the Auckland Council website.
Written Approval from the Requiring Authority
Under section 176(1)(b) and section 178(2) of the Resource Management Act 1991, anyone other than a requiring authority with an earlier designation is restricted from carrying out work on the designated land without first obtaining the authority’s permission.
Specifically, no person may, without the prior written consent of that requiring authority, do anything in relation to the land that is subject to the designation that would prevent or hinder a public work or project or work to which the designation relates, including
- undertaking any use of the land; and
- subdividing the land; and
- changing the character, intensity, or scale of the use of the land.
There is no statutory timeframes for a requiring authority decision on an application for written consent under s176(1)(b) or s178(2). However, AT will endeavour to provide you with a timely decision, this timeframe will vary depending on the complexity of the works and potential impact on the designation or notice of requirement.
Step 1: Formal Application
Where land is subject to a designation by AT that has been included in the district plan or has interim effect due to a Notice of Requirement issued by AT, the first step is to make an application for AT to review your proposed plans.
This provides the opportunity to discuss both the proposal and the public work to determine if the proposal may prevent or hinder the public work. If there is a potential impact on the public work this is an opportunity to discuss design solutions.
Depending on the scale and nature of the works, you may not require a written consent from AT; in this case, AT will confirm with you after reviewing your application.
To proceed a formal application must be submitted to AT for consideration.
The application must include:
- Completed Consent for works within an AT designation application form (PDF 655KB)
- Proof of payment of $200 (GST inclusive) non-refundable application fee deposited to AT BNZ Account Number 02 0192 0122888 03 using the property address as reference.
- A copy of the plan detailing the proposed works to scale.
- A copy of the resource consent application or supporting information.
- Attached a copy of the record of title, less than 3 months old.
- Attached a copy of the aerial plan showing the designation and the proposed works clearly marked
Email to AucklandTransportPlanningTeam@at.govt.nz.
Step 2: Decision Supplied
Consideration will be given to the proposed application in regard to the activity and whether it may prevent or hinder the public work in accordance with section 176(1)(b) or 178(2) of the Resource Management Act 1991 (RMA), as appropriate.
Where AT agree that the proposal will not prevent or hinder the public work, a letter will be provided outlining consent under section 176(1)(b) of the RMA for a designation or section 178(2) as appropriate, conditions may also be included.
Where an application has been refused by AT, a letter will be provided outlining reasons for the refusal under section 176(1)(b) or 178(2) of the RMA.
Where an applicant has been refused consent or has been granted consent subject to conditions, the decision of the requiring authority may be appealed to the Environment Court within 15 working days of receipt of the requiring authority’s decision.