What is an Existing Use?
An existing use is a use that was established prior to the currently applicable planning framework coming into effect.
Section 10 of the Resource Management Act 1991 (‘the Act’) states that land may be used in a manner that contravenes a rule in the Proposed District Plan if the use was lawfully established before the proposed plan was notified.
For example, a house that was built in 1974 and complied with all the relevant legal requirements that were in place in 1974 has existing use rights as it was legally established. Say for example that the House was built within what is now the Housing zone and that the house was built to a height of 10 metres because in 1974 the applicable District Scheme allowed this. This house would continue to have existing use rights even though it now would contravene the 8m maximum height rule for the Housing zone within the current Proposed District Plan (which was notified in 1997).
If any reconstruction or alteration of, or extension to, this house were now proposed, existing use rights would not apply to these. i.e. any further additions to the house would have to comply with the current Proposed District Plan.
What is an Existing Use Certificate?
An existing use certificate is a certificate that may be issued by the Council to certify, pursuant to Section 139A of the Act, that an activity or a structure enjoys existing use rights in accordance with Section 10 of the Act.
An existing use certificate:
- describes a use of land in a particular location; and
- states that the use of the land was a use of land allowed by Section 10 (of the RMA) on the date on which the certificate is issued; and
- specifies the character, intensity and scale of the use on the date on which the certificate is issued.
How do I apply for an Existing Use Certificate?
You will need to fill out an Existing Use Certificate Application Form. These forms are available at all Council offices and can be downloaded from Council’s website.
You will need to include all necessary information (see below) with the form and either post it to Council or hand it in at a Council office or service centre.
A fixed charge application fee will apply, and this must be paid before the application can be accepted for processing. Please refer to Council’s current fees and charges.
What information will I need to provide with my application?
Detailed Description of the Use
You will need to describe exactly the existing nature of the use. You will need to include a site plan and elevation drawings to clearly illustrate the activity or building. (Please refer to PIS#3 - Information Requirements for Resource Consents for more detail). Where applicable, you should also outline the hours of operation, the means of access, any noise or traffic associated with the activity, the processes and/or procedures that are carried out on site and any other management plans or guidelines that affect the operation of the activity.
Lawful establishment of the Use
You will need to describe how and when the use was lawfully established. You will need to include evidence that is able to prove the lawful establishment of the use. For example: Building permits or resource consent documents, Council approved plans, health licenses, correspondence, photos or any other type of relevant record.
Character, Intensity and Scale
You will need to describe the character, intensity and scale of the effects of the use at the present time.
Continuity of the Use
Section 10 (2) of the Act states that existing use rights cease where a use of land has been discontinued for a continuous period of more than 12 months after the Proposed District Plan was notified (i.e. after 1997).
If the use would require resource consent to establish please confirm whether or not the use has been continuous (i.e. un-interrupted) since it required consent. Provide evidence of the continuity of the use where available, for example company records, photos or phone bills. If the activity has ceased during this time, state the period for which it ceased.
Reconstruction, Alterations or Extensions to Buildings of the Use
If you are considering reconstruction, alterations or extensions to any buildings of the existing use, would the proposed work increase the degree to which the buildings fail to comply with any present day rules? You will need to provide an assessment outlining the applicable bulk and location standards and rules that would apply to the proposal.
Can the Council refuse the Application?
The Council has to issue the certificate only if it is satisfied that the use of the land is a use of land allowed by Section 10 on the date on which it is issued.
Whether or not the Council can be satisfied that this is the case will depend on the completeness of the information submitted with the application.
How long will it take for my Application to be processed?
A consent authority must issue the Existing Use Certificate within 20 working days after the latest of the following dates:
- the date on which the Council receives the request; and
- the date on which the Council receives all the information required; and
- the date on which the Council receives the payment of the appropriate administrative charge.
Please click on the link below to download this information:
PIS # 11 - Existing Use Certificate.tif