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Planning Bill

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

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

You could also call this:

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

Illustration for Planning Bill

You can ask to change or cancel a condition of your consent if it does not affect how long the consent lasts. You must apply before the survey plan is deposited if it is a subdivision consent. The rules for applying for a planning consent for a discretionary activity will apply to your application. You will need to follow the same process as if you were applying for a new consent, but you will only be applying to change or cancel a condition. The consent authority will look at how the change or cancellation affects people who made submissions on the original application and those who may be affected by the change. The consent authority must consider who will be adversely affected by the change or cancellation when making their decision. They will look at people who may be impacted by the change or cancellation and those who had input on the original application. This helps the authority make a fair decision about your application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1520489.

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Topics:
Environment and resources > Town planningHousing and property > Land use
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166: Cancellation of consent, or

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

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168: Circumstances when consent conditions can be reviewed, or

"When planning consent conditions can be changed or checked"

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

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

  1. A consent holder may apply to a consent authority for a change or cancellation of a condition of the consent if—

  2. the proposed change or cancellation does not relate to the duration of the consent; and
    1. in the case of a subdivision consent, the consent holder applies under this section before the deposit of the survey plan.

      1. Subparts 1 to 5 of this Part apply, with all necessary modifications, as if—

      2. the application were an application for a planning consent for a discretionary activity; and
        1. the references to a planning consent and to the activity were references only to—
          1. the change or cancellation of a condition; and
            1. the effects of that change or cancellation.

            2. For the purposes of determining who is adversely affected by the change or cancellation, the consent authority must consider, in particular, every person who—

            3. made a submission on the original application; and
              1. may be affected by the change or cancellation.