A couple have spent $38,000 trying to get resource and building consent to build a cottage on their property for an elderly parent, only to discover at the last minute they must pay thousands more for further information — that does not guarantee consent.
It is a situation Building and Construction Minister Chris Penk labelled “unacceptable”, and which the council has apologised for.
Mike and Karen Sanson said the 11-month process had taken a chunk of their savings before the build even began, and in July they made a formal complaint to Waikato District Council.
The council’s latest request for further information related to the possible ponding of water in their back yard which the Tamahere couple say they have never had an issue with in 13 years living at the property.
They had to tell Karen’s 85-year-old father it was possible he would not be able to move onto their property at all, let alone by Christmas when he was hoping to.
“When we discussed it with Dad he was angry and disappointed at the whole process, and confused. He just doesn’t understand why this is happening.”
Sanson said her father wanted to be closer to her but living independently which prompted the couple to decide on a secondary dwelling for their lifestyle block south of Hamilton.
Last August they hired an architectural designer, builder and planner and applied for resource consent in early November.
But instead of taking 20 working days, Waikato District Council’s building officers asked for more information.
So the Sansons paid for an engineer’s report, planning information and council fees of $2200.
After four months without progress, the couple made a formal complaint to the council that it had asked for information outside the scope of resource consent and gone over time.
“[We] didn’t expect the length of time it would take, the amount of indecision. Basically we feel that we’re getting no direction from council, so it’s a guessing game and I feel it’s a guessing game done at our expense.”
In her complaint she said the couple were at their “wits’ end”, calling the situation distressing and expensive.
Within 24 hours of lodging the complaint resource consent was granted.
The couple then applied for building consent in early June.
They were again met with requests for information, including for some details they had already supplied within the resource consent.
They paid more council fees of $3897, and for full working drawings, an acoustic report, and more planner’s fees.
But a natural hazard map outlining potential flood zones in the area showed up to 250mm of water could pond in the back yard where the cottage was to be built.
“We’ve never seen it,” Sanson said. “We’ve never had an issue out there.”
They provided an engineer’s report they thought dealt with stormwater run-off but the day before consent was due the couple were told by the council it needed more information.
The Sansons halted the process and made their second formal complaint which the council responded to in late August.
Council deputy general manager of customer support Imelda Bolton said three queries remained relating to stormwater, natural hazard management and protection of potable water supply.
She said the council was required by the Building Act and the Ministry of Business, Innovation and Employment to consider ponding greater than 100mm.
“We do need clear evidence of how the stormwater is to be managed.”
She said it was up to the applicants and their experts how they provided that information.
“Generally we would expect to see an earthworks plan included with the architect’s plans. In this instance we had to request that further information.”
Bolton said the council assesses applications against legislation, and couldn’t provide design solutions.
She acknowledged the couple’s frustration and said the council had apologised for the delays, including that the resource consent was granted six working days outside the statutory timeframe, due to staff illness and reallocation.
She said the council took complaints very seriously and would use this one to improve processes.
Building and Construction Minister Chris Penk said property owners were struggling to get consents and complained regularly to him of councils moving the goalposts when it came to information required.
“It is very common [that] people pay a huge amount of money, [and] take an enormous amount of time to get resource consents and building consents.
“Frankly this situation is unacceptable. It’s delay, it’s costs and it’s making housing unaffordable.”
He said in some cases it was taking up to a year and even longer in what should be relatively straight-forward issues, that could be overseen by one responsible professional rather than taking up the resources of the council.
Penk said for precisely this reason the government was removing the need for consent for granny flats up to 70 square metres on a single parcel of land.
Instead a new National Environmental Standard (NES) under the Resource Management Act would require all councils to permit a granny flat on sites in rural and residential zones without the need to gain a resource consent.
Penk said the proposed new legislation would go to Select Committee in a couple of weeks.
However, he acknowledged it was too late for the Sansons and others like them.
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