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Planning Bill

Planning consents - Applying for planning consent - Consent authority may require further information or report

122: Consequences of applicant’s failure to respond to requests, etc

You could also call this:

"What happens if you don't respond to requests when applying for planning consent?"

Illustration for Planning Bill

If you apply for a planning consent, the consent authority might say your application is incomplete. This can happen if you do not respond to a request within a certain time frame. You might be asked to provide more information under section 119, agree to a report under section 120, pay an extra charge under section 191, or give approval for an activity under section 128. If you do not respond within three months after the time frame ends, and the consent authority has told you they plan to return your application, they can return it to you. They must give you written reasons for this decision. If you lodge the application again, it will be treated as a new application. An agreed date is a date that you and the consent authority have agreed on.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1535224.

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121: Response to request for further information or report, or

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Part 4Planning consents
Applying for planning consent: Consent authority may require further information or report

122Consequences of applicant’s failure to respond to requests, etc

  1. A consent authority may determine an application for a planning consent is incomplete if—

  2. the applicant was required to provide one of the following responses:
    1. to provide further information in response to a request under section 119 within the time specified in the regulations; or
      1. to tell the consent authority in a written notice whether the applicant agrees to the commissioning of a report under section 120 within the time specified in the regulations; or
        1. to pay an additional charge to the consent authority required under section 191 and specified in a written notice by an agreed date; or
          1. to give the consent authority written approval for a proposed activity under section 128(1)(b)(i) by an agreed date; and
          2. 3 months after the expiry of the applicable time frame specified in paragraph (a), the applicant has not provided the required response; and
            1. the consent authority has notified the applicant, by a method specified in section 287(1), of its intention to return the application.
              1. After determining that an application is incomplete under this section, the consent authority may return the application to the applicant with written reasons for the determination.

              2. If, after an application has been returned as incomplete under this section, that application is lodged again with the consent authority, that application is to be treated as a new application.

              3. In this section, agreed date means a date agreed between the applicant and the consent authority.