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Earthworks Permit - Far North District Council

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Local Offices Here to Help<br />

Kaikohe Service Centre<br />

Memorial Avenue<br />

KAIKOHE<br />

Kaeo Service Centre<br />

Main Road<br />

KAEO<br />

Kawakawa Service Centre<br />

Gillies Street<br />

KAWAKAWA<br />

Procter Library & Service Centre<br />

Cobham Road<br />

KERIKERI<br />

Environmental Management<br />

John Butler Centre<br />

Kerikeri Road<br />

KERIKERI<br />

Rawene Service Centre<br />

Parnell Street<br />

RAWENE<br />

Hokianga I-Site<br />

29-31 State Highway 12<br />

OPONONI<br />

Kaitaia Service Centre<br />

Te Ahu, Corner Matthews A<br />

venue and South Road<br />

KAITAIA<br />

SPECIALIST STAFF<br />

Specialist staff are available by appointment.<br />

EARTHWORKS PERMIT OR<br />

RESOURCE CONSENT<br />

In the <strong>Far</strong> <strong>North</strong> <strong>District</strong><br />

When is an <strong>Earthworks</strong> <strong>Permit</strong> or an<br />

<strong>Earthworks</strong> Resource Consent required<br />

Dialing 0800 920029 or 09 401 5200 will connect you<br />

with a Customer Service Officer who will assist in<br />

making an appointment with the appropriate person.<br />

Would you like to know more<br />

This publication has been provided as a guide only.<br />

<strong>Far</strong> <strong>North</strong> <strong>District</strong> <strong>Council</strong> staff will be happy to assist<br />

you if you have any further queries.<br />

Version ONE<br />

March 2012


Introduction<br />

<strong>Earthworks</strong> could be subject to either a <strong>Earthworks</strong> <strong>Permit</strong> or an <strong>Earthworks</strong><br />

Resource Consent. Applicants will never need to apply for both.<br />

If your proposal qualifies for an application for both, then apply only for<br />

an <strong>Earthworks</strong> Resource Consent, and note in the application that the<br />

bylaw is also contravened.<br />

<br />

<br />

The written approval of any potentially affected parties should be<br />

provided on a written approval form in accordance with the RMA –<br />

There is a standard Written Approval Form (Neighbours). This is<br />

available from <strong>Council</strong> Service Centres or the <strong>Council</strong> website<br />

www.fndc.govt.nz.<br />

Three copies of the completed application form and accompanying<br />

information is required to be supplied (including 1 full size plan & 2<br />

sets reduced to A4 size).<br />

What is the difference between an <strong>Earthworks</strong><br />

<strong>Permit</strong> and an <strong>Earthworks</strong> Resource Consent<br />

YOUR NOTES:<br />

If the resident's project requires excavation or filling work, it is advised that<br />

they refer to <strong>Council</strong>’s bylaw, Chapter 22, Control of <strong>Earthworks</strong>, to ensure<br />

that the work they are proposing to do does not require an <strong>Earthworks</strong><br />

permit.<br />

The bylaw is available from <strong>Council</strong> Service Centres or <strong>Council</strong>’s website<br />

www.fndc.govt.nz. They may also need to obtain Resource Consent, depending<br />

on the zoning and on the scale and purpose of the excavations.<br />

Excavation means the digging out of materials from the ground, but does<br />

not include:<br />

Post holes,<br />

Trenches for drainage,<br />

Normal garden and rural practices,<br />

Septic tanks and associated drainage,<br />

Excavations for building foundations—including the stripping of topsoil, up<br />

to 200mm deep, under the footprint of the building.<br />

CHECK YOUR FORM<br />

When you have completed your Application Form, check that<br />

you have answered all the questions as fully as possible and<br />

have included all the required attachments. Failure to do so will<br />

delay the processing of your application.<br />

If in doubt about how to complete your application, call 0800<br />

920 029 to book an appointment with a <strong>Council</strong> Planning<br />

Officer at either Kerikeri, Kaikohe or Kaitaia. See the back


How do I apply for Resource Consent for earthworks<br />

Applications must be made on the Resource Consent Form 9 (together<br />

with any other resource consents required) and supported by all the information<br />

outlined in the checklist below. <strong>Council</strong> may require further information<br />

once your application has been lodged. Please contact the Duty<br />

Planner on 0800 920 029 if you are unsure of what you need to provide.<br />

CHECKLIST:<br />

Payment of the required deposit (Refer to the current <strong>Far</strong> <strong>North</strong><br />

<strong>District</strong> <strong>Council</strong> “Building, Planning & Development: Fees and<br />

Charges” Schedule, available at <strong>Council</strong> Service Centres or from<br />

the <strong>Council</strong> website www.fndc.govt.nz<br />

Fill out the Resource Consent Form 9 and attach the following:<br />

Site Plans should be in accordance with the section on Drawings<br />

in Chapter 4 of the <strong>District</strong> Plan.<br />

An Assessment of Environmental Effects (AEE) is an essential<br />

part of the application. The AEE should discuss all the actual and<br />

potential effects of the proposed earthworks on the environment.<br />

The amount of detail provided must reflect the scale and nature of<br />

the effects. If the effects of the proposal are very minor, then a<br />

less detailed AEE can be submitted. If there are major effects<br />

arising from the proposal, a detailed analysis and discussion of<br />

the project and these effects (such as location, volume, stormwater<br />

management and sediment control) should be included in the<br />

AEE.<br />

The Assessment Criteria at the end of Section12.3 may assist the<br />

applicant in writing the AEE. The AEE may require the provision<br />

of information from specific experts (e.g. an engineer). For more<br />

information on the contents of an AEE, refer to the “Written Details”<br />

section of Chapter 4 in the <strong>District</strong> Plan, and the Ministry for<br />

the Environment publication “A guide to preparing a basic assessment<br />

of environmental affects”, available from <strong>Council</strong> or<br />

www.rma.govt.nz<br />

The written approval of any potentially affected parties should<br />

be provided on a written approval form in accordance with the<br />

RMA – There is a standard Written Approval Form (Neighbours). This is<br />

When should I apply for a <strong>Earthworks</strong><br />

<strong>Permit</strong><br />

An <strong>Earthworks</strong> <strong>Permit</strong> is required under <strong>Council</strong>’s Control of <strong>Earthworks</strong> Bylaw.<br />

This bylaw applies if you are carrying out earthworks or fill that are:<br />

Control of <strong>Earthworks</strong> Bylaw 2008<br />

A) within 3 metres of any boundary or water body in all zones, except a<br />

Minerals Zone<br />

B) beyond 3 metres of any boundary or water body, in any zone, except<br />

Minerals and Rural Production zones, and that exceeds<br />

i. 500mm in depth, over a significant portion of an area which is less<br />

than 100m², or<br />

ii. Surface area greater than 100m 2 , or<br />

iii. Volumes greater than 50m³<br />

C) in a Rural Production zone, and beyond 3 metres of any boundary or<br />

water body, and that exceeds 1.5 metres in depth<br />

D) in any Resource identified in Part 3 of the <strong>District</strong> Plan (e.g. Landscape<br />

feature, site of cultural significance to Maori etc.)<br />

The purpose of this bylaw is to control:<br />

1) excavation, filling or cellar work on private property (where a Resource<br />

Consent under the <strong>District</strong> Plan is not required), and<br />

2) erosion and sedimentation created by such work.<br />

If the resident's project requires excavation or filling work, it is advised that<br />

they refer to <strong>Council</strong>’s bylaw, Chapter 22, Control of <strong>Earthworks</strong>.


How do I apply for an <strong>Earthworks</strong> <strong>Permit</strong><br />

Applications must be made on the Control of <strong>Earthworks</strong> – <strong>Permit</strong> Application<br />

Form. <strong>Council</strong> may require further information once your application<br />

has been lodged. Please contact the Duty Planner on 0800 920 029 if you<br />

are unsure of the information to provide. Please ensure that your application<br />

form is supported by all the information outlined below:<br />

CHECKLIST:<br />

<br />

Payment of the required deposit (Refer to the current <strong>Far</strong> <strong>North</strong> <strong>District</strong><br />

<strong>Council</strong> “Fees and Charges” Schedule available from <strong>Council</strong><br />

offices or the <strong>Council</strong> website www.fndc.govt.nz).<br />

Fill out the Control of <strong>Earthworks</strong> – <strong>Permit</strong> Application Form and attach the<br />

following:<br />

<br />

<br />

<br />

<br />

<br />

Site plan/s, to scale, of the project showing:<br />

□ location,<br />

□ the scope of the project,<br />

□ a description of works,<br />

□ the existing topography, and<br />

□ the proposed topography, including any existing watercourses or<br />

overland flow path.<br />

Evidence showing erosion and sediment controls to be introduced<br />

for all work covered under the application, and evidence showing<br />

compliance with Technical Publication 90 (TP90) of the Auckland<br />

Regional <strong>Council</strong>.<br />

Engineering reports, if necessary. For more information, refer to the<br />

<strong>Far</strong> <strong>North</strong> <strong>District</strong> <strong>Council</strong> General Bylaws Chapter 22 “Control of<br />

<strong>Earthworks</strong> 2008”.<br />

Three copies of the completed application form and accompanying<br />

information are required (including 1 full set of plans & 2 sets reduced<br />

to A4).<br />

You may wish to seek professional engineering assistance.<br />

When should I apply for Resource Consent for<br />

earthworks<br />

Residents must apply for Resource Consent when they plan to carry out<br />

activities that are not generally permitted under the <strong>Far</strong> <strong>North</strong> <strong>District</strong> Plan<br />

and the Soil & Water Plan (from the <strong>North</strong>land Regional <strong>Council</strong>).<br />

Controls on earthworks are listed in the <strong>District</strong> Plan.<br />

Examples of when an earthworks Resource Consent will be required include<br />

but are not limited to:<br />

Excavation and/or filling (excluding mining & quarrying) in the Rural<br />

Production and Kauri Cliffs zones exceeding 5,000m 2 in any 12 month<br />

period<br />

Excavation and/or filling (excluding mining & quarrying) in the Rural<br />

Living, Coastal Living, General Coastal, Recreational, Conservation,<br />

Waimate <strong>North</strong> and Point Veronica zones exceeding 300m 2 in any 12<br />

month period<br />

Excavation and/or filling (excluding mining & quarrying) in the Residential,<br />

Industrial, Horticultural Processing, Coastal Residential or Russell<br />

Township zones exceeding 200m 2 in any 12 month period<br />

Any earthworks with cut or fill face heights of over 1.5m 2 , in all zones<br />

except mining and quarrying, or rural production.<br />

<strong>Earthworks</strong> and/or filling (excluding mining and quarrying) in a Rural<br />

Production zone which will result in a continuous cut or fill face exceeding<br />

an average of 1.5m in height.<br />

PLEASE NOTE<br />

Pamphlets are intended to provide general<br />

information on making an application.<br />

They are not intended as legal documents and may<br />

not be applicable in all circumstances.

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