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Planning Bill

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

152: Review of draft conditions of consent

You could also call this:

"Check the draft rules before they're final"

Illustration for Planning Bill

You can ask for a copy of the draft conditions of your planning consent. You must ask before the consent authority makes a decision on your application. You can only ask once. If you ask, the consent authority will give you the draft conditions and also give them to submitters if your application was notified. They might stop the clock on your application so you and submitters can look at the draft conditions. The consent authority can give you the draft conditions more than once, even if you do not ask for them. You and submitters must give your comments on the draft conditions back to the consent authority within a reasonable time. The consent authority can only consider your comments if they are about technical or minor matters. The consent authority can keep working on your application even if they stop the clock. They can only stop the clock once during your application process.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1506140.

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Topics:
Environment and resources > Town planningHousing and property > Land use
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151: Particular conditions that may be included in planning consents, or

"Rules that come with planning approvals"

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153: Decision on application, or

"What happens when a decision is made on your planning application"

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

152Review of draft conditions of consent

  1. An applicant for a planning consent may request that the consent authority provide them with any draft conditions of the consent.

  2. The applicant’s request—

  3. must be made before the consent authority issues its decision on the application; and
    1. may be made only once.

      1. If a request is made, the consent authority—

      2. must provide the draft conditions to the applicant and, if the application was notified, to submitters; and
        1. may suspend the time frame that applies to the processing of the application to allow the applicant and any submitters to consider the draft conditions.

          1. A consent authority may provide draft conditions to the persons specified in subsection (3)(a)—

          2. more than once; and
            1. whether or not the applicant requests the draft conditions under subsection (1); and
              1. whether or not the time frame that applies to the processing of the application is suspended under subsection (3)(b).

                1. Subsection (3)(b)—

                2. does not prevent a consent authority from continuing to process the application while the time frame is suspended; and
                  1. may be applied only once during an application process.

                    1. An applicant and any submitters must provide their comments on the draft conditions to the consent authority within a reasonable time specified by the consent authority.

                    2. A consent authority may take those comments into account only to the extent that they cover technical or minor matters.