Part 4Planning consents
Notification, submissions, and hearings: Notification
127Whether adverse effects likely to be more than minor
This section applies to a consent authority that is deciding, under section 125(4), whether an activity will have or is likely to have adverse effects on the built environment that are more than minor.
A consent authority must not have regard to—
- any effect on persons who own or occupy the land in, on, or over which the activity will occur; and
- any adverse effect of the activity if a rule in a land use plan or a national rule permits an activity with that effect; and
- in the case of a restricted discretionary activity, any adverse effect of the activity that does not relate to a matter for which a rule in a land use plan or a national rule reserves discretion; and
- any effect on a person who has given written approval to the relevant application.
The consent authority may consider whether any adverse effects of the proposed activity are consistent with the character, intensity, or scale of the adverse effects anticipated by the land use plan or the regional spatial plan.