Many property owners will be able to repair land on their property without a resource consent.
The District Plan and regional rules have been amended to make most land repair work a permitted activity. Many property owners will therefore be able to undertake the work without a resource consent.
To be a permitted activity, land repair work must comply with the rules in Environment Canterbury’s regional plans, Christchurch City Council’s District Plan and the National Environmental Standard for Assessing and Managing Contaminants in the Soil to Protect Human Health (NES).
Please note: In some cases, when a building consent is obtained the land repair works are exempt from needing a resource consent, so it is best to check the building consent requirements first.
You will need to attach copies of documents from your EQC Land Settlement Pack outlining your land damage, and provide details of your proposed repair works (e.g. depth of any filling and excavation, volume of earthworks) so we can check whether the works will comply with all of the relevant rules.
A Council planner will reply within 10 working days to confirm whether resource consent is needed. They will tell you whether you need resource consent from Environment Canterbury, so there is no need for you to contact Environment Canterbury separately.
Please note: Before commencing land repair works it is the responsibility of the landowner to ensure that their works comply with all of the relevant rules, or that a resource consent is obtained.
The EQC land settlement pack is helpful as it provides a schedule and plan of the land damage, but if you have arranged your own professional assessment of land damage and repair method(s) you are welcome to attach this information to your Enquiry Form instead of, or in addition to, the assessment information provided by EQC.
The key information needed is the type of land damage, the proposed repair method(s), the volume and depth of any fill and/or excavation, and the location of the repair work within your property. If you intend to carry out land repairs or remediation prior to settlement of your land claim(s), you should be aware that any land repair payment received from EQC will be based on EQC's assessment of the cost of repairs, which may differ from your assessment.
A permitted activity means that you don’t need resource consent to carry out the land repair works required to fix your land.
Some repair works are permitted subject to compliance with specific requirements. For example, there are certain types of work that must be carried out by an engineer. When the Council confirms that your works are a permitted activity we will also let you know if there are any particular requirements you need to comply with.
More information about specific land repair topics, are available as Land Repair guides.
If the land repair works are permitted there are no fees to pay to the Council or Environment Canterbury. If you need to engage a specialist, e.g. a contractor to remove soil, then the property owner must engage the contractor and pay for their services directly.