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Planning Bill

Planning consents - Consideration of application and decision

146: Consent may be refused or granted with conditions if risk from natural hazards, etc

You could also call this:

"Consent can be refused or have conditions if there's a risk from natural disasters"

Illustration for Planning Bill

When you apply for a planning consent, the consent authority can refuse it or grant it with conditions. They can do this if they think there's a significant risk from natural hazards. They can also do this for subdivision consents if they think there won't be enough access to the new allotments. The conditions they impose must be to avoid or fix the problems caused by natural hazards. These conditions must be the type that can be imposed under section 151. When assessing the risk from natural hazards, they look at how likely it is to happen, how much damage it could cause, and if the proposed use of the land would make it worse. They also consider if it would affect people's health or safety. There's an exception for land use consents if the use of the land is for things like building or fixing infrastructure, or for farming activities as described in the national planning standards.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1519730.

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Topics:
Environment and resources > Town planningHousing and property > Land use
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"What's your track record of following the rules when applying for planning consent?"

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"When You Can't Get Planning Consent"

Part 4Planning consents
Consideration of application and decision

146Consent may be refused or granted with conditions if risk from natural hazards, etc

  1. A consent authority may refuse to grant a planning consent, or may grant a planning consent subject to conditions,—

  2. if it considers that there is a significant risk from natural hazards; or
    1. in the case of a subdivision consent, if it considers sufficient provision has not been made for legal and physical access to each allotment to be created by the subdivision.

      1. Conditions imposed under subsection (1) must be—

      2. for the purposes of avoiding, remedying, or mitigating the effects referred to in subsection (1); and
        1. of a type that could be imposed under section 151.

          1. For the purposes of subsection (1)(a), an assessment of the risk from natural hazards requires a combined assessment of all of the following taken together:

          2. the likelihood of natural hazards occurring (whether individually or in combination):
            1. the material damage to land in respect of which the consent is sought, other land, or structures that would result from natural hazards:
              1. whether the proposed use of the land or proposed subdivision would accelerate, worsen, or result in material damage of the kind referred to in paragraph (b):
                1. whether the proposed use of the land or proposed subdivision would result in adverse effects on the health or safety of people.

                  1. Subsection (1)(a) does not apply to land use consents if the use of the land for which the consent is sought is—

                  2. construction, upgrade, maintenance, or operation of infrastructure; or
                    1. primary production activities, as described in the national planning standards.