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Reverse sensitivity Reverse sensitivity

Reverse sensitivity - PowerPoint Presentation

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Reverse sensitivity - PPT Presentation

11 July 2017 Internalisation of effects Part 2 and section 17 avoid remedy mitigate RMA not a no effects statute Internalisation as far as possible Winstone Aggregates Limited v Papakura District Council ID: 616293

reverse sensitivity 2017 july sensitivity reverse july 2017 arise consent resource auckland complaints activities effects covenants existing district land airport lines transmission

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Presentation Transcript

Slide1

Reverse sensitivity

11 July 2017Slide2

Internalisation

of effects

Part 2 and section 17 - avoid, remedy, mitigate

RMA not a no effects statuteInternalisation as far as possible (Winstone Aggregates Limited v Papakura District Council )

11 July 2017

Reverse sensitivity

2Slide3

Reverse sensitivity - the concept

The legal vulnerability of an established activity to

complaint from

a new land use.The effects of the existence of sensitive activities on other activities in their vicinity; particularly by leading to restraints in the carrying on of those activities.

11 July 2017

Reverse sensitivity

3Slide4

When does it arise?

Airports

11 July 2017

Reverse sensitivity

4Slide5

When does it arise?

Airports

11 July 2017

Reverse sensitivity

5Slide6

When does it arise?

Quarries

11 July 2017

Reverse sensitivity

6Slide7

When does it arise?

Ports

11 July 2017

Reverse sensitivity

7Slide8

When does it arise?

Farming

11 July 2017

Reverse sensitivity

8Slide9

When does it arise?

Stadia

11 July 2017

Reverse sensitivity

9Slide10

When does it arise?

Electricity transmission lines

11 July 2017

Reverse sensitivity

10Slide11

When does it arise?

Industrial activities

11 July 2017

Reverse sensitivity

11Slide12

When is reverse sensitivity relevant?

Reverse sensitivity is an effect

Setting rules

in District Planseg Auckland Unitary Plan rules around Auckland Airport, Quarries, Port, transmission lines, etcNotification of resource consents

Relevant consideration (Ports of Auckland v Auckland City Council)

Substantive decisions on resource consents

eg

Independent News

Ltd,

Gargiulo

11 July 2017

Reverse sensitivity

12Slide13

Some of the issues

Not many people get it

Houses, houses, houses…

Providing for continuation of existing operation or some degree of growth or expansion?Who pays?11 July 2017Reverse sensitivity

13Slide14

Use of buffers

Use of

buffers (eg

land ownership)Drury Quarry11 July 2017Reverse sensitivity

14Slide15

Opposing r

esource

consent applicationsExisting business opposes resource consent applications as being entirely inappropriateIndependent News & AIAL v MCC - 349 apartments near Auckland International AirportGargiulo

v CCC – subdivision near Christchurch Airport

11 July 2017

Reverse sensitivity

15Slide16

Resource

consent

conditions

Existing activity accepts new use with consent conditions (ie requiring acoustic insulation) and/or no complaints covenantsWritten approval mechanisms and/or Submission on notified applicationNegotiated on appeal – consent order

Imposed by the Court

11 July 2017

Reverse sensitivity

16Slide17

No Complaints

covenants

Can be offered up as part of negotiations

Can be imposed as a condition of consent where agreement has been reachedCan be created independently of the resource management process11 July 2017

Reverse sensitivity

17Slide18

No Complaints covenants - pros

Advantages:

Flag to potential purchasers

Bind any successor in titleCan be enforced to prevent complaints11 July 2017

Reverse sensitivity

18Slide19

No Complaints covenants - enforceability

Enforceability:

Suggestion of public policy and Bill of Rights

limitations - Christchurch International Airport LimitedHowever, held to be enforceable in South Pacific Tyres v Powerland

and Colonial Vineyards v Marlborough District Council

If imposed by a condition, it will need to meet the RMA/Newbury tests

11 July 2017

Reverse sensitivity

19Slide20

Takeaways

RMA is not a no effects statute

Urban sprawl and intensification create land use conflict

Reverse sensitivity is often ignored by decision-makersBut it is incredibly important for major industry, infrastructure, etc – the costs of ignoring it would be monumental!Best to be addressed at plan-making stage

11 July 2017

Reverse sensitivity

20