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Planning Bill

Planning consents - Consideration of application and decision

143: Matters relevant to application relating to stormwater network

You could also call this:

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

Illustration for Planning Bill

When you apply for a planning consent that involves a stormwater network, the consent authority must consider certain things. They must not approve your application if it goes against a stormwater environmental performance standard or an infrastructure design solution, as defined in section 5 of the Water Services Act 2021. The authority must also include conditions in the consent that give effect to these standards or solutions. If you apply for a planning consent, the consent authority may include conditions that relate to activities or effects that are not covered by stormwater environmental standards or infrastructure design solutions. However, there are some exceptions to this rule, and the authority does not have to follow these rules if an exception applies. The authority can still include conditions in the consent that relate to other matters, as long as they are not prevented by this Act. The consent authority must make sure that any conditions they include are not more or less restrictive than necessary to meet the stormwater environmental performance standards or infrastructure design solutions. This means that the conditions should be fair and reasonable, and should not be too strict or too lenient. The authority must balance the need to protect the environment with the need to allow development and growth.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1532997.

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Part 4Planning consents
Consideration of application and decision

143Matters relevant to application relating to stormwater network

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

  2. must not grant the consent contrary to—
    1. a stormwater environmental performance standard; or
      1. an infrastructure design solution; and
      2. 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 stormwater environmental performance standard; or
          1. the infrastructure design solution.
          2. However, subsection (1)

          3. does not apply if an exception under a stormwater 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 stormwater environmental standard or an infrastructure design solution does not regulate or manage.