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Planning Bill

Planning consents - Consideration of application and decision

142: Matters relevant to application relating to wastewater network

You could also call this:

"What to consider when applying for planning consent for wastewater networks"

Illustration for Planning Bill

When you apply for a planning consent that involves a wastewater network, the consent authority must consider certain things. They must not grant the consent if it goes against a wastewater environmental performance standard or an infrastructure design solution, as defined in section 5 of the Water Services Act 2021. The authority must include conditions in the consent that give effect to these standards or solutions. If you are applying for a planning consent, the consent authority can include conditions that relate to activities or effects that are not covered by wastewater environmental standards or infrastructure design solutions. However, there are some exceptions to this rule, and the authority does not have to follow it if one of these exceptions applies. The authority can also include conditions that are not covered by wastewater environmental standards or infrastructure design solutions, unless this Act says otherwise. The consent authority must make sure the conditions are not more or less restrictive than necessary to meet the wastewater environmental performance standard or infrastructure design solution. You should be aware that this is a proposed change to the law, and it may affect how planning consents are granted in the future. The proposed change aims to ensure that wastewater networks are managed in a way that protects the environment and public health.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1532996.

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Part 4Planning consents
Consideration of application and decision

142Matters relevant to application relating to wastewater network

  1. When considering a planning consent application that relates to a wastewater network, as defined in section 5 of the Water Services Act 2021,—

  2. a consent authority must not grant the consent contrary to—
    1. a wastewater environmental performance standard; or
      1. an infrastructure design solution; and
      2. a consent authority must include, as a condition of granting the consent, requirements that are no more or less restrictive than is necessary to give effect to—
        1. the wastewater environmental performance standard; or
          1. the infrastructure design solution.
          2. However, subsection (1)

          3. does not apply if an exception under a wastewater environmental performance standard or an infrastructure design solution applies; and
            1. except as expressly otherwise provided in this Act, does not prevent a consent authority from including, as a condition of granting a planning consent, a requirement that relates to any activity, effect, or other matter that a wastewater environmental standard or an infrastructure design solution does not regulate or manage.