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Planning Bill

Combined plan - Land use plans - Changing plan provisions without using Schedule 3 process if authorised by planning consent

98: Territorial authority may change plan provisions if authorised by planning consent

You could also call this:

"A council can change its plans if it gets special approval."

Illustration for Planning Bill

If a planning consent is granted under section 144, you can change plan provisions. You need to follow section 80 to decide if the change is good for the area. The territorial authority must make a decision. If the change is better for the area, the territorial authority must update its plan. It must replace the old plan provisions with the new ones from the consent. The territorial authority must tell people about the change within 5 working days. You cannot object to the Planning Tribunal or appeal against the decision. The territorial authority's decision is final. It is made according to this section of the Planning Bill.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1537660.

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Topics:
Environment and resources > Town planningGovernment and voting > Local councils
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"Applying to Change Local Planning Rules"

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99: Review of provisions in land use plan at least every 10 years, or

"Land use plans are checked and updated every 10 years to ensure they are working well"

Part 3Combined plan
Land use plans: Changing plan provisions without using Schedule 3 process if authorised by planning consent

98Territorial authority may change plan provisions if authorised by planning consent

  1. This section applies if—

  2. a planning consent has been granted in accordance with section 144 that authorises a change to the plan provisions that apply to an area; and
    1. the territorial authority (as the consent authority) is satisfied that the consent has been given effect to.

      1. The territorial authority must decide, in accordance with section 80, whether the change to the provisions by the consent would result in plan provisions that are more appropriate for the area than the operative plan provisions that apply to that area.

      2. If the territorial authority decides that the standardised plan provisions identified in the consent or consents are more appropriate, it must, without using the process in Schedule 3, amend its land use plan to replace the operative plan provisions that apply to the area with the standardised plan provisions identified in the consent.

      3. The territorial authority must publish (in the prescribed manner) a notice of any change under subsection (3) no later than 5 working days after amending its plan.

      4. There is no right of objection to the Planning Tribunal and no right of appeal against a decision of a territorial authority to change, or refuse to change, provisions in accordance with this section.