Writing an AEE? Here are our top tips and reminders.
An assessment of environmental effects (AEE) report must accompany each application for a resource consent under the Resource Management Act 1991.
While the CoLab team are obviously able to help you write an AEE or your project, small or large, we’re under no illusion that some may choose to work with other planners, or even have a go at preparing an AEE report themselves.
So without further ado, here are our top tips and reminders on what to address in varying sections of your AEE, and what not to address.
For much more detail on what an AEE is, and its purpose, we recommend that you consult the Ministry for Environment Guide to Preparing a Basic Assessment of Environmental Effects.
1. Section 95A Public Notification
Don’t assess effects on specific persons under your section 95D assessment!
The focus of your assessment should be on effects on the public or environment generally. People using a park or beach are fine, but not Mr. Williams specifically. Also, remember, it is persons owning/occupying the land that are excluded from the assessment, not public users - so if there is a park adjacent the site, you would still consider effects on public users. You would not consider the council however as the landowner.
The assessment should be proportionate to the proposal. For example, a development that primarily involves boundary infringements will typically not have effects that emanate beyond the boundaries of a site. The persons occupying the adjoining land cannot be considered, so there might not be much to say at all.
2. Section 95B Limited Notification
You’re only considering effects on persons that could be served with notice if they were found to be affected. That’s the whole point of the section 95E assessment.
No future persons, especially when you don’t know who they are. That means that a lot of development standard infringements (i.e., outdoor living space, vehicle manoeuvring depths) become a section 104(1)(a) effects matter. This does not reduce the relevance of the effect to council decision-making.
Most of the time, the assessment you’ve undertaken for ss95A and 95D will be of little relevance, because you won’t be considering specific persons there.
List specific properties in your assessment and do a catch-all header for ‘other persons’ including utility providers. If assessing under the Auckland Unitary Plan, you should turn your mind to those persons listed at general rule C1.13(4).
3. Section 104(1)(a) – Actual and Potential Effects
Don’t just say that you’ve already considered for ss95A & 95B, full stop – you can cross-reference where relevant for adverse effects, but there might be other effects, for example:
Language is also different, as you’re speaking to the overall ‘acceptability’ of the effects for the purposes of arguing that the application should be granted.
Depending on the context of the proposal – lots of minor effects in isolation when considered together (especially with regard to internal amenity) could result in an overall unacceptable effect.
4. Section 104(1)(b) – Statutory Assessment
Yes, it can often feel as if you’re writing the same thing, over and over.
Where a policy, matter or assessment criteria speaks to a specific effect, and this has been covered somewhere else in the AEE already, you can cross-reference back to it. If it’s something more qualitative (e.g., like many of the criteria for 4+ dwellings are, in the Auckland residential zones), then provide specific comment so it is clear that the assessment matter has been considered.
The more you cover off on relevant plan matters, the better, as then the council can (ideally) adopt where they agree and just reference your assessment. Think about what you would find helpful if you were writing the council decision! The easier you make it for them, the quicker you can get your consent decision.
5. Other RMA Sections
Section 104(1)(c) – sometimes relevant, not often, especially if a controlled or restricted discretionary activity. Often do not need to say much unless proposal is marginal and you’re really hanging your hat on something else.
Other RMA sections:
Section 125 if you’re wanting to request a longer lapse period for the resource consent. If more than one consent, be specific as to which one.
Sections 105 & 107 for discharge consents. The matters under these sections are more often than not been covered off through specialist reporting that you can refer to.
Section 220(1)(b) for amalgamation conditions. Remember that the council need to consult under s220(2) with LINZ if there is an amalgamation condition proposed, except where relating to a Commonly Owned Access Lot (COAL). It is recommended that you flag this in the AEE as can sometimes be missed on the council end.
6. General Recommendations
If you’re saying something is permitted, make sure to provide detail why. Obviously not every application is going to be lodged with a noise and vibration assessment, but if you’re saying noise will meet the plan standards, back it up with something like an offered condition, or a description of the environment such that it makes it unlikely that levels would be exceeded (could even be based on the works period, minimal excavation, for example).
Permitted baseline comparisons cannot be fanciful. Do not rely on that comparative shading analysis that could never reasonably be given effect to! The council can ask for more information to show that any comparison is something that could still be given effect to.
The same goes for height in relation to boundary (HIRB) infringements. Just ‘slicing’ off part of an upper level and comparing to that is a no go, as it is unlikely to ever be proposed (either due to design, or the effect it would have on the footprint of the upper level, for example). Some developments could lose a building level altogether based on a more accurate comparison of what could and/or would be built, and that would lead to a noticeably different amenity effect.
7. Summary
An AEE is the process of preparing a written statement identifying the effects of your proposed activity or activities on the environment. If your proposal is going to have adverse effects, it is also the process of identifying how these can be avoided or reduced.
Preparing an AEE is a valuable way of recognising possible problems that may slow or stop the council processing the application. It will help you understand the potential effects of your proposed activity on the environment.
We hope these tips are helpful - if you have any others, comment below and we can get added to this list so that it grows and becomes more comprehensive over time.
