FAQs – Duty Planner Service

The Proposed Marlborough Environment Plan, in Volume 2, contains rules and standards that govern activities across the various zones. These rules are set out in separate zone-specific chapters. Each chapter commences with the Permitted Activity rule which lists activities that can be undertaken without resource consent, subject to the applicable standards. The standards are set out in the sections immediately following the Permitted Activity rule. It’s important to read all the provisions in any relevant chapter to identify rules and standards that should be taken into account when designing and siting a building or structure, undertaking an activity, or subdividing a property. If the permitted standards cannot be met, then a requirement for the lodgement of an application for resource consent will be triggered.

You can check the zoning of a property using Council Smart Maps.

Go to environment plan zoning

Additionally the Environment Plan – Overlays Smart Map will assist you to identify any applicable overlays affecting property, which may have implications in terms of the applicable rules and standards.

Go to environment Plan – Overlays Smart Map

Go to our PMEP Volume 2

Go to our FAQs – Subdivisions - Marlborough District Council

PMEP, Volume 2, Chapter 24 - Subdivision sets out the provisions that govern subdivision activity.

Rule 24.1 sets out the rules applicable to all subdivision in any zone including.

Go to the Chapter 24 - Subdivision

• Services – water, sewerage and stormwater
• Roading
• Electricity
• Telecommunications
• Water Supply
• Scheme plan
• Esplanade Reserves and Esplanade Strips
• Omaka landing

Rule 24.3 describes the standards for a Controlled Activity subdivision. A resource consent is required, however if the subdivision meets the specified standards then the application must be granted (the decision will include conditions). Refer RMA 1991 s 104A.

Go to the the New Zealand Legislation website.

A proposed subdivision that is unable to meet the rules and standards for subdivision will default to Rule 24.5 which requires the lodgement of an application for a Discretionary Activity subdivision. Under this activity category an application can be granted or refused, and if granted conditions can be imposed. Refer RMA s 104B.

Go to the New Zealand legislation website to read RMA s 104B.

Given the complexity of a subdivision application and the associated process, it is strongly recommended that an applicant seek the services of an independent professional surveyor experienced in compiling and lodging application for resource consent for subdivision. When resource consent is required, it must be obtained before works can commence.

It is recommended that you check the associated Record of Title for any restrictions in terms of subdivision.

The construction of a new vehicle crossing will require permission to undertake work in the road corridor prior to works commencing. There is information about working in the road corridor on Councils website.

Go to our FAQ Highways, Roads and Footpaths

Subdivision activity triggers development contribution assessments which are designed to recover the cost of development placed on Council infrastructure. Information on the 2021 Development Contributions Policy is available on Councils Website. This policy is currently under review. Queries regarding development contributions can be sent to dcadmin@marlborough.govt.nz. The subdivision concept should be prepared before the query is lodged because the assessment is based on the number of newly created allotments and allotment size, amongst other things.

Go to the Development Contributions Policy

Generally, there are no reticulated services available to rural and coastal properties in terms of stormwater, wastewater and potable water for consumption.

Where a connection to wastewater services is not available, the rural and coastal zoning chapters include the discharge of human effluent into or onto land as a permitted activity subject to compliance with the applicable standards.

See Chapter 25 – Definitions for the definition for human effluent.

The inability to meet any applicable standards will trigger a requirement for an application for a discharge permit to land in respect of the onsite wastewater management system for any building in which human effluent is generated. While a report on the proposed onsite wastewater management is required with an application for subdivision, the requirement for a discharge permit to land will be likely be triggered on the lodgement of related building consent. The discharge permit application will need to include a report prepared by an accredited site and soil evaluator, who may also be able to assist applicants with their discharge permit application.

Go to list of accredited site and soil evaluators on our website

In addition to the site and soil evaluation report, the following matters will be required in an application:

• A review of the system pursuant to the current AS/NZS 1547:2012 Standards.
• Provide a risk management review of the site.
• An Assessment of Environmental Effects (AEE), without which we cannot accept any application for a discharge permit.

Go to the FAQs – Tiny Homes and Caravans on Council’s website.

Each zoning chapter in the Proposed Marlborough Environment Plan (PMEP) contains Permitted Activity standards for the construction and siting of a building or structure and covers matters such as the minimum net site area for a dwelling, site coverage percentage, building height, set back from boundaries, recession plane, minimum outdoor amenity area etc. Please read the suite of provisions to identify any that are applicable to a sleepout/second dwelling project, the provisions may need to be taken into consideration when designing the size and placement of the building on a property.

In terms of sleepouts, consider whether to install a kitchenette in the building as this will have implications regarding the requirement for application for resource consent. Sleepouts will be treated as being ancillary to the primary residential activity on the property while it does not have a kitchen. The question of what constitutes a kitchen was the subject of an article in the December 2022 issue of the Resource consents team newsletter (page 3).

Go to Resource consents team newsletter on our website.

It doesn’t require a lot before it is considered that a kitchen exists in a building. The installation of the kitchen will trigger the sleepout to then be treated as a second dwelling. Here are two example rules from Chapter 5 that would apply to a second dwelling in the Urban Residential 1 and 2 Zones.

5.2.1.1. Within the Urban Residential 1 Zone, the construction or siting of a dwelling must be on a Record of Title with a net site area no less than 290m2.

5.2.1.3. Within the Urban Residential 2 Zone, the construction or siting of a dwelling must be on a Record of Title with a net site area for each dwelling no less than the relevant Minimum Net Allotment Area in Rule 24.3.1.2, and with access that complies with rule 24.3.1.3.

Chapter 24 – Subdivision contains the standards 24.3.1.2 and 24.3.1.3. Standard 24.1.3 provides a table setting out zone specific criteria for minimum net area as well as other things. The minimum net allotment area does not include the area set aside to provide access. The standards for access are set out in standard 24.3.1.3.

Go to the Chapter 24 – Subdivision

Also relevant, Chapter 2 - General Rules provides standards related to transportation commencing at page 2-43, including for vehicle crossings serving residential use.

Go to the Chapter 2 - General Rules

The second dwelling may also trigger a development contribution assessment. There is information available about this on Council’s website. Any queries regarding development contributions should be directed to A&SServices@marlborough.govt.nz.

Go to Development Contributions on our website

In zones where services infrastructure is not available, e.g., rural zones, the lodgement of the building consent for the second dwelling may trigger a requirement for an application for resource consent for the discharge of human effluent into or onto land. Such as in circumstances where a second dwelling will increase the loading on the existing onsite wastewater management system.

A report prepared by an accredited site and soil evaluator for the existing wastewater system will need to be provided with the application for resource consent to discharge to land. The report will cover:

• A review of the system pursuant to the current AS/NZS 1547:2012 Standards.
• Provide a risk management review of the site.
• An Assessment of Environmental Effects (AEE), without which we cannot accept any application for a discharge permit.

The site and soil evaluator should be able to assist an applicant with their application in this regard. A list of accredited soil and site evaluators, who are able to undertake a site and soil evaluation of the existing system can be on the Council’s website.

Go to On-site Wastewater Management Systems page

Council considers Bed and Breakfast activity to be akin to a Homestay which the Proposed Marlborough Environment Plan (PMEP) defines as the use of a dwelling to accommodate paying guests.

Go to Chapter 25 – Definitions.

Go to the FAQ page on our website

Persons should check the zoning of a property using Council smart maps, and then refer to the relevant zone chapter in the PMEP to identify whether homestay is a Permitted Activity

Go to the Appeals Version of the PMEP

For example, Chapter 8 – Rural Living established at rule 8.1.3 that homestay is a Permitted Activity, subject to compliance with the applicable standard 8.3.2.

8.3.2. Homestay

8.3.2.1. The homestay must be operated within a dwelling that is a Permitted Activity in the Plan.

8.3.2.2. The homestay must be operated by a person residing in the dwelling on the property.

8.3.2.3. The homestay must be incidental and secondary to the use of the dwelling for residential purposes.

8.3.2.4. The homestay must not accommodate more than 5 guests at any time.

If this standard can be met, then a property resident can operate the bed and breakfast activity without having to obtain resource consent.

Non-compliance with the applicable standards will trigger a requirement for the lodgement of an application for resource consent. Resource consent must be obtained before the activity can commence.

The provisions that govern the use of signs in Marlborough are set out in the PMEP, Volume 2 Rules, Chapter 2 - General Rules, commencing at Rule 2.35 on page 65 of the chapter.

Go to the Chapter 2 - General Rules

Rule 2.35 lists the activities pertaining to signs that can be undertaken subject to compliance with the applicable standards in 2.36 and 2.37. It’s important that anyone installing signage read the suite of standards to ensure they are undertaking a Permitted Activity. A breach of the applicable standards will trigger a requirement for lodgement of an application for resource consent. Resource consent must be obtained before works can commence.

If you are installing signage on a State Highway must also comply with the New Zealand Transport Agency (Signs on State Highways) Bylaw 2010.

Go to the New Zealand Transport Agency Bylaw 2010.

When Council is required to investigate signage staff will contact the owner of the site where the sign is located.

Parking provisions are in included in the suite of provisions around transportation set out in PMEP, Volume 2 – Rules, Chapter 2 - General Rules, commencing at Rule 2.32 on page 47 of the chapter. Rule 2.32 establishes parking and onsite manoeuvring as Permitted Activities subject to compliance with the applicable standards set out under 2.33. If you chooses to supply carparking that does not meet the 2.33 standards a requirement for the lodgement of an application for resource consent will be triggered under Rule 2.34. Resource consent must be obtained before works can commence.

Go to the Chapter 2 - General Rules

The PMEP, Volume 3 Appendices, Appendix 13 contains a schedule of notable indigenous and exotic trees that, in Council’s view, contribute significantly to Marlborough’s character and the amenity values. These trees are located both on private and public properties.

PMEP, Volume 1, Chapter 10 Heritage Resources and Notable Trees describes the importance of trees that contribute to Marlborough’s historic heritage and/or amenity values and recognises the potential risk to these important community resources. The associated objectives and policies describe the approach taken by Council in response to this issue.

Go to Volume 1, Chapter 10 Heritage Resources

The provisions governing activities in respect of Notable trees in the PMEP are designed to ensure that the identified notable trees are protected. The provisions are located in PMEP, Volume 2 – Rules, Chapter 2 - General Rules, commencing at Rule 2.28 on page 44 of the chapter.

Go to Chapter 2 - General Rules

Rule 2.28 lists activities that can be undertaken without resource consent, subject to compliance with the applicable standards in 2.29. Rule 2.28 is designed to enable minor trimming of notable trees, responsible use of the land around a Notable Tree and activity within the trees Tree Protection Zone, and emergency works to a Notable Tree.

Where works on a Notable Tree exceed the Permitted Activity standards a requirement for the lodgement of a resource consent application will be triggered. Resource consent must be obtained before works can commence.

There is information on Council’s website regarding Heritage/Notable Trees.

Go to the Heritage/Notable Trees on our website .

A fund was created in 2014 to support landowners in the maintenance of notable trees. There is information on this on Council’s website.

Go to Fund for maintaining notable trees on our website.

Food carts fall into the definition of Commercial Activity in the PMEP. The PMEP treats commercial activity differently depending on the underlying zone. Once the underlying zone is identified (see the item above on how to use the Plan) refer to the relevant zoning chapter. Review the Permitted Activities Rule to determine whether or not a commercial activity can be undertaken in the zone without resource consent, subject to any applicable standards. Any breach of an applicable standard will trigger a requirement of resource consent. This applies also if the PMEP does not provide for commercial activity in a particular zone.

A food cart operator will need to meet statutory obligations under the Food Act. Enquiries regarding Food Act registration can be directed to the Environmental Health Team by email at environmentalhealth@marlborough.govt.nz.

Go to the Food Business Information page on our website.

Queries regarding the discharging of grey water from a food cart to Council’s reticulated system should be directed Council’s Treatment Operations Supervisor, by email at tradewaste@marlborough.govt.nz.