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Planning Bill

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

159: Commencement of consent for non-notified application

You could also call this:

"When a planning consent for a non-notified application is approved, it starts on the decision date."

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If you get a planning consent for a non-notified application, it starts on the date the consent authority tells you about their decision. This is according to the regulations, or it can start on a later date stated in the consent. You need to check if there are any appeals or reviews that might change this. If you lodged a notified application and no one made a submission, or all submissions were withdrawn, the consent starts in the same way. The consent authority will tell you about their decision, and that is when it starts, unless someone appeals. You can find more information about appeals in section 158(1). There is another situation where the consent might not start right away. This is if someone asks the Planning Tribunal to review the decision under clause 14 of Schedule 10. In this case, you should look at section 160 to find out what happens next. However, this does not apply if someone else asks the Planning Tribunal to review a decision about a non-notified application under clause 17 of Schedule 10.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1520606.

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"When a planning consent officially starts"


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

159Commencement of consent for non-notified application

  1. This section applies to a planning consent that has been granted—

  2. for a non-notified application; or
    1. for a notified application where the time for lodging submissions has expired and—
      1. no submissions are received; or
        1. all submissions received are withdrawn before a decision is made.
        2. The planning consent commences on the date on which the consent authority gives notice of its decision on the application in accordance with the regulations, or on any later date stated in the consent, unless—

        3. an appeal has been lodged, in which case section 158(1) applies:
          1. an application to the Planning Tribunal for a review has been made under clause 14 of Schedule 10, in which case section 160 applies.
            1. However, the reference to an application for a review in subsection (2)(b) does not include a third-party application to the Planning Tribunal under clause 17 of Schedule 10 to review a notification decision on a non-notified application.