139Consideration of planning consent application

1. Subject to subsection (2), the consent authority must have regard to the following:

2. any adverse effect on—
   1. a person, unless section 138(1)(b) applies:
   2. the built environment:
3. any effect that is—
   1. positive:
   2. cumulative:
4. any measure proposed or agreed to by the applicant to avoid, remedy, minimise, offset, or compensate for, any adverse effects on a person or the built environment resulting or likely to result from the activity:
5. any relevant provisions of—
   1. the land use plan or proposed land use plan:
   2. the regional spatial plan or proposed regional spatial plan, if the application is for an activity that is a discretionary activity:
6. any relevant provisions of other key instruments in accordance with section 12:
7. if the application is affected by section 164, the value of the investment to the existing consent holder:
8. the matters specified in sections 140 to 147.

9. However, if a planning consent application is for an activity that is a restricted discretionary activity, a consent authority may have regard to a matter only if discretion is reserved in relation to that matter by any of the following:

10. a land use plan or proposed land use plan:
11. a national rule:
12. a water services standard.

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