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Planning Bill

Planning consents - Consideration of application and decision

138: Matters that consent authority must disregard

You could also call this:

"Things to Ignore When Deciding on a Planning Application"

Illustration for Planning Bill

When you are looking at a planning consent application, there are some things you must not think about. You must not consider any effects that are not part of this proposed law, such as things mentioned in section 14. You must also not think about how the activity will affect someone who has given written approval to the application. You must not consider any bad effects on the environment if the land use plan or a national rule says the activity is okay. If the activity has some restrictions, you must not think about things that the land use plan or national rule does not have discretion over. If you want more information, you can look at section 12, which also applies when considering a planning consent application. If someone who gave approval changes their mind, they can withdraw it in writing before a hearing or decision. This rule applies to you when you are looking at the application and any submissions people have made about it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1464895.

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Topics:
Environment and resources > Town planningHousing and property > Land use
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137: Application of this subpart, or

"What to consider when applying for planning consent"

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139: Consideration of planning consent application, or

"What the council considers when you apply for planning consent"

Part 4Planning consents
Consideration of application and decision

138Matters that consent authority must disregard

  1. A consent authority must not have regard to—

  2. any effect that is outside of the scope of this Act (see section 14):
    1. any effect on a person who has given written approval to the application:
      1. any adverse effect of the activity on the environment if the land use plan or a national rule permits an activity with that effect:
        1. if the activity is a restricted discretionary activity, any matter in relation to which the land use plan, proposed land use plan, a national rule, or a water services standard has not reserved discretion.

          1. See also section 12, which applies to a consent authority when considering a planning consent application.

          2. Subsection (1)(b) does not apply if the person withdraws their approval by written notice received by the consent authority before the hearing or, if there is no hearing, before the application is determined.

          3. This section also applies to a consent authority considering any submissions on the application.