What is reverse sensitivity?

Reverse sensitivity objections can protect existing users from potential complaints from people and businesses who move in to their neighbourhood.

For example, a nightclub may be able to object to apartments being built next door, on the grounds that residents will probably complain about noise from the nightclub.

Another classic rural reverse sensitivity example is a pig farmer objecting to proposed lifestyle blocks over the road.

Reverse sensitivity objections can only be made if the new development needs resource consent. They can result in the proposed development being stopped or modified to reduce the potential for the new neighbours objecting - more sound-proofing, for example. They can also result in 'no-complaints covenants' where the developer forfeits the new neighbours' right to complain about practices on nearby properties.

No-complaints rules

Some developers have agreed to covenants to resolve potential reverse sensitivity problems. Covenants remind buyers that they are living in a noisy or rural area. Some covenants say the property owner cannot make a complaint about any neighbouring activity. These 'no-complaints covenants' have been used in rural areas, around airports and in inner city developments.

But some lawyers and planners are unsure if these covenants have any real legal weight. A covenant cannot remove your rights under the Bill of Rights. The rights of tenants are also unclear. And some planners - and Environment Court judges - note that no-complaint rules do nothing to solve the actual environmental problems being created.

Successful reverse sensitivity objections do not give established businesses a licence to pollute. Councils will consider the type of environment the business is in and whether it's already trying to minimise disturbance to its new neighbours.