Planning Department: Consideration of Neighbours on consent submittals
Wellington RatePayer made this Official Information request to Wellington City Council
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From: Wellington RatePayer
Subject: Clarification on Resource Consent Determinations and Neighbour Impact Considerations
To whom it may concern,
I am seeking clarification on how Wellington City Council (WCC) determines the impact of new building proposals on neighbours' amenities, specifically concerning sunlight, views gained or lost.
My concern is whether there are existing regulations, guidance, or example outcomes that can be followed in a clear and consistent manner, without risk of bias.
To better understand the determinations one can expect from WCC and ensure they are developed in a transparent and fair manner, I have outlined several questions below.
In the context of a resource consent for a new building and related earthworks, assuming compliance with cut and fill height, height limits, area, materials, and sun envelope as defined in the district plan, I respectfully request answers to the following:
Regulations and Guidance:
Are there any national, regional, or local regulations that define the maximum distance to consider when assessing the impact on neighbours?
If no regulations exist, is there published WCC guidance on what distance constitutes a reasonable upper limit for considering potential effects?
If no guidance is available, is the determination solely at the discretion of the officer(s) reviewing the proposal?
If the determination is a personal decision, is this legal and supported by any specific statement in an act? If so, which one(s)?
If the determination is a personal decision, how is it distinguishable from being arbitrary?
If only reviewed by a peer, how is it distinguishable from departmental bias?
Is the distance consideration consistent or does it vary per context (e.g., Zone)? If there are variations, what are they (per zone type: Residential, Industrial, Mixed, Rural, etc.)?
Quantifiable Range/Distance:
For a building on a slope (e.g., Roseneath) *above a road*:
What is the maximum reasonable number of properties or distance in meters on the same side of the street to ask for endorsement/non-objection?
What is the maximum reasonable number of properties or maximum distance in meters left or right on the opposite side of the street (*below the road*) to ask for endorsement/non-objection?
For a building on one side of a vale with houses on the opposite side looking towards your street:
What is the maximum reasonable distance *across the vale* within which requests for endorsement/non-objection to the proposal should be made?
For a new building on top of a ridge:
What is the maximum number of houses over, or distance in meters, that a neighbour higher-up on the same ridge can object to having to look down on the proposed building?
Changes to the Local Environment:
Does the right to object change if you are the first or last person to build on your side of the vale (i.e., if there are no subdivisions/neighbours yet or there are already many who have built on the road)?
If so, does this not qualify as introducing bias based on being the first in the area?
Visibility Considerations:
Is visibility considered from anywhere on the neighbour's property (e.g., their mailbox) or only from their interior living space, or inner and outer living space (i.e., including their patio and/or front lawn)?
If building on one side of a ridge, can a neighbour on the other side, who cannot see any part of the volume defined by the proposed site's sun envelope, object to the proposal?
Would it change anything if the two properties were instead separated by a tall hedge whose foliage hid 80% of the building (considering gaps in branches)?
Zone Variations:
Are there any variations in the above considerations based on different zones? Please specify.
Inclusion/Exclusion of Objections:
Can objections beyond the maximum values provided above be reasonably discounted? If not, why not? If not defined in regulation, what would permit the inclusion of these objections without introducing potential bias?
Public:
If the proposal is within district plan guidelines (height, area, sun envelope, etc.), can members of the public submit an objection to the proposal?
If so under what conditions?
If so under what rights?
Common Sense Checks:
Are there any of the following scenarios that WCC would not discount off the bat, and if not, why not?
The neighbour can't see the proposed earthworks/building from their property (e.g., inclusive of their whole property, mailbox, drive, etc.)?
The neighbour can't see the proposed earthworks/building from their exterior living areas (e.g., inclusive of their exterior patio)?
The neighbour can't see the proposed earthworks/building from their interior living areas (i.e., inside the building)?
The neighbour can see the proposed earthworks/building, but it is within its own sun envelope and not casting shadow on any other?
The neighbour can see the proposed earthworks/building, but it is at a distance over 50m (approx. 3 property widths away)?
The neighbour can see the proposed earthworks/building, but it is at a distance over 75m (approx. 6 property widths away)?
The neighbour can see the proposed earthworks/building, but it is at a distance over 100m (approx. 6 property widths away)?
The neighbour can see the proposed earthworks/building, but it is at a distance over 150m (a whole street away)?
I appreciate your detailed response to ensure clarity and fairness in the resource consent process is available to all in a clear and consistent manner.
Thank you.
From: BUS: Official Information
Wellington City Council
Kia ora
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From: BUS: Official Information
Wellington City Council
Kia ora
Thank you for your email dated 22 July requesting information.
Our team will manage your request under the Local Government Official Information and Meetings Act 1987, which requires us to provide a decision as soon as possible, but no later than 20 working days from its day of receipt by the Council.
The reference number for your request is IRC-6800.
Please contact us if you have any further questions.
Kind regards
Susan Sales
Senior Advisor Official Information
Official Information team
-----Original Message-----
From: Wellington RatePayer <[FOI #27779 email]>
Sent: Monday, July 22, 2024 10:48 PM
To: BUS: Official Information <[Wellington City Council request email]>
Subject: Official Information request - Planning Department: Consideration of Neighbours on consent submittals
Subject: Clarification on Resource Consent Determinations and Neighbour Impact Considerations
To whom it may concern,
I am seeking clarification on how Wellington City Council (WCC) determines the impact of new building proposals on neighbours' amenities, specifically concerning sunlight, views gained or lost.
My concern is whether there are existing regulations, guidance, or example outcomes that can be followed in a clear and consistent manner, without risk of bias.
To better understand the determinations one can expect from WCC and ensure they are developed in a transparent and fair manner, I have outlined several questions below.
In the context of a resource consent for a new building and related earthworks, assuming compliance with cut and fill height, height limits, area, materials, and sun envelope as defined in the district plan, I respectfully request answers to the following:
Regulations and Guidance:
Are there any national, regional, or local regulations that define the maximum distance to consider when assessing the impact on neighbours?
If no regulations exist, is there published WCC guidance on what distance constitutes a reasonable upper limit for considering potential effects?
If no guidance is available, is the determination solely at the discretion of the officer(s) reviewing the proposal?
If the determination is a personal decision, is this legal and supported by any specific statement in an act? If so, which one(s)?
If the determination is a personal decision, how is it distinguishable from being arbitrary?
If only reviewed by a peer, how is it distinguishable from departmental bias?
Is the distance consideration consistent or does it vary per context (e.g., Zone)? If there are variations, what are they (per zone type: Residential, Industrial, Mixed, Rural, etc.)?
Quantifiable Range/Distance:
For a building on a slope (e.g., Roseneath) *above a road*:
What is the maximum reasonable number of properties or distance in meters on the same side of the street to ask for endorsement/non-objection?
What is the maximum reasonable number of properties or maximum distance in meters left or right on the opposite side of the street (*below the road*) to ask for endorsement/non-objection?
For a building on one side of a vale with houses on the opposite side looking towards your street:
What is the maximum reasonable distance *across the vale* within which requests for endorsement/non-objection to the proposal should be made?
For a new building on top of a ridge:
What is the maximum number of houses over, or distance in meters, that a neighbour higher-up on the same ridge can object to having to look down on the proposed building?
Changes to the Local Environment:
Does the right to object change if you are the first or last person to build on your side of the vale (i.e., if there are no subdivisions/neighbours yet or there are already many who have built on the road)?
If so, does this not qualify as introducing bias based on being the first in the area?
Visibility Considerations:
Is visibility considered from anywhere on the neighbour's property (e.g., their mailbox) or only from their interior living space, or inner and outer living space (i.e., including their patio and/or front lawn)?
If building on one side of a ridge, can a neighbour on the other side, who cannot see any part of the volume defined by the proposed site's sun envelope, object to the proposal?
Would it change anything if the two properties were instead separated by a tall hedge whose foliage hid 80% of the building (considering gaps in branches)?
Zone Variations:
Are there any variations in the above considerations based on different zones? Please specify.
Inclusion/Exclusion of Objections:
Can objections beyond the maximum values provided above be reasonably discounted? If not, why not? If not defined in regulation, what would permit the inclusion of these objections without introducing potential bias?
Public:
If the proposal is within district plan guidelines (height, area, sun envelope, etc.), can members of the public submit an objection to the proposal?
If so under what conditions?
If so under what rights?
Common Sense Checks:
Are there any of the following scenarios that WCC would not discount off the bat, and if not, why not?
The neighbour can't see the proposed earthworks/building from their property (e.g., inclusive of their whole property, mailbox, drive, etc.)?
The neighbour can't see the proposed earthworks/building from their exterior living areas (e.g., inclusive of their exterior patio)?
The neighbour can't see the proposed earthworks/building from their interior living areas (i.e., inside the building)?
The neighbour can see the proposed earthworks/building, but it is within its own sun envelope and not casting shadow on any other?
The neighbour can see the proposed earthworks/building, but it is at a distance over 50m (approx. 3 property widths away)?
The neighbour can see the proposed earthworks/building, but it is at a distance over 75m (approx. 6 property widths away)?
The neighbour can see the proposed earthworks/building, but it is at a distance over 100m (approx. 6 property widths away)?
The neighbour can see the proposed earthworks/building, but it is at a distance over 150m (a whole street away)?
I appreciate your detailed response to ensure clarity and fairness in the resource consent process is available to all in a clear and consistent manner.
Thank you.
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From: Susan Sales
Wellington City Council
Good afternoon
Please find attached our response to your official information requests
given the following reference numbers: IRC-6800, IRC-6857-6859, IRC-6884,
IRC-6886-6887.
Kind regards, Susan
Susan Sales
Senior Advisor Official Information
Strategy and Finance
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