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Planning Bill

Planning consents - Conditions and other requirements relating to decisions - Conditions of planning consents

150: General requirements before conditions may be included

You could also call this:

"Rules for adding conditions to a planning consent"

Illustration for Planning Bill

When you are given a planning consent, the people in charge may add conditions. They must be satisfied that certain rules are followed. You must agree to the conditions and they must help with good effects or reduce bad effects. The conditions must be connected to the activity's bad effects or to the rules in a land use plan. They can also be about administrative matters that are essential for the planning consent. The people in charge cannot add conditions that are outside the scope of this Act or that go against water services standards. This section does not limit other parts of the Act, such as sections 38, 36, 37, 30, 146, or Part 1 of Schedule 7. For a provision to be applicable, it must be one of the reasons a planning consent is required. The people in charge must consider these rules when adding conditions to a planning consent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1506139.

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Topics:
Environment and resources > Town planningHousing and property > Land use
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149: Consent authority may grant application with adaptive management approach, or

"The council can approve a plan with conditions to test and adjust as it goes along."

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151: Particular conditions that may be included in planning consents, or

"Rules that come with planning approvals"

Part 4Planning consents
Conditions and other requirements relating to decisions: Conditions of planning consents

150General requirements before conditions may be included

  1. When granting a planning consent, the consent authority may include any condition it considers appropriate after being satisfied that—

  2. subsections (2) and (3) are complied with; and
    1. any requirements in section 151 for particular consents or conditions are complied with.

      1. A consent authority must not include a condition unless—

      2. the applicant has agreed to the condition and the condition contains measures in order to—
        1. give rise to positive effects; or
          1. avoid, minimise, remedy, offset, or provide compensation for, any adverse effects; or
          2. the condition is directly connected to—
            1. any adverse effects of the activity; or
              1. an applicable provision in a land use plan or national rule; or
              2. the condition relates to administrative matters that are essential for the efficient implementation of the planning consent.

                1. A consent authority must not include a condition that—

                2. relates only to an effect that is outside the scope of this Act; or
                  1. is contrary to a water services standard.

                    1. This section does not limit section 38 (permitted activity standard), section 36 (rules relating to restricted discretionary activities), section 37 (rules relating to discretionary activities), section 30 (meaning of rule), section 146 (consent may be refused or granted with conditions if risk from natural hazards etc.), or Part 1 of Schedule 7 (further provisions relating to conditions of subdivision consents).

                    2. For the purpose of subsection (2)(b)(ii), a provision is applicable if the application of the provision to the activity is the reason, or one of the reasons, that a planning consent is required for the activity.