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Planning Bill

Planning consents - Nature of consents, commencement, duration and review - Duration

166: Cancellation of consent

You could also call this:

"When a planning consent can be cancelled by the consent authority"

Illustration for Planning Bill

If you have a planning consent, the consent authority can cancel it. They can do this if you have not used the consent in the last 5 years. You will get a written notice if this happens. The consent authority cannot cancel the consent if it says they cannot. You can also ask them to revoke the notice within 3 months of getting it. They will think about whether to revoke the notice and consider things like whether you have approval from people who might be affected. They will also think about how revoking the notice will affect the plans and policies in place. You might get a new notice in the future, but the consent authority will tell you when that can happen.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1520488.

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Topics:
Environment and resources > Town planningHousing and property > Land use
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165: Lapsing of consent, or

"What happens when planning consent runs out of time"

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167: Change or cancellation of consent condition on application by consent holder, or

"Ask to change or cancel a condition of your planning consent"

Part 4Planning consents
Nature of consents, commencement, duration and review: Duration

166Cancellation of consent

  1. A consent authority may cancel a planning consent by written notice served on the consent holder if the planning consent has been exercised in the past but has not been exercised during the preceding 5 years.

  2. Subsection (1) does not apply if—

  3. the planning consent expressly provides otherwise; or
    1. within 3 months after service of the notice, the consent holder applies to the consent authority to revoke the notice and the consent authority decides to revoke the notice and state a period after which a new notice may be served under subsection (1), after taking into account—
      1. whether the applicant has obtained approval from persons who may be adversely affected by the revocation of the notice; and
        1. the effect of the revocation of the notice on the outcomes and policies in a plan.