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Planning Bill

Planning consents - Applying for planning consent - General requirements

112: Applications to territorial authorities for consent where land is in coastal marine area

You could also call this:

"Applying for consent for land in the coastal marine area"

Illustration for Planning Bill

If you apply for a subdivision consent to a territorial authority and some or all of the land is in the coastal marine area, the authority will decide your application as if all the land were part of their district. The authority will follow the rules in this Act when making their decision. You can also apply for a planning consent for an activity you want to do in an area that will be reclaimed. If you make this type of application and the activity location is still in the coastal marine area, the authority can hear and decide your application as if it were in their district. They will follow the rules in this Act when making their decision. Any consent granted in this situation will be subject to the rules in Section 161, which applies to every consent granted under subsection (3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1436657.

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Topics:
Environment and resources > Town planningHousing and property > Land use
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"Apply for planning consent and swap recreation reserve land at the same time"

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113: Application affecting navigation to be referred to Maritime New Zealand, or

"Plans near waterways are checked by Maritime New Zealand to ensure safe navigation"

Part 4Planning consents
Applying for planning consent: General requirements

112Applications to territorial authorities for consent where land is in coastal marine area

  1. If an application for a subdivision consent is made to a territorial authority and any part, or all, of the land proposed to be subdivided is in the coastal marine area, the territorial authority must decide the application as if the whole of that land were part of the district, and the provisions of this Act apply accordingly.

  2. Subsection (3) applies if—

  3. an application is made to a territorial authority for a planning consent for an activity that an applicant intends to undertake within the district of that authority once the proposed location of the activity has been reclaimed; and
    1. on the date that the application is made, the proposed location of the activity is still within the coastal marine area.

      1. If this subsection applies, the authority may hear and decide the application as if the application related to an activity within its district, and the provisions of this Act apply accordingly.

      2. Section 161 applies to every consent granted in accordance with subsection (3).