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Planning Bill

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

97: Applying for planning consent that authorises change to plan provisions

You could also call this:

"Applying to Change Local Planning Rules"

Illustration for Planning Bill

You can apply for planning consent to change the rules that apply to an area under section 109. This change must follow the rules set out in section 98. You can only make this change if it applies standard rules to the area, not special ones. You need to follow section 98 to make this change. This section also refers to section 144 for more information. A subdivision consent is considered to be in effect if the territorial authority issues a certificate under clause 25 of Schedule 7. If you want to change the plan provisions, you must apply for planning consent. The change must be in line with section 98 and cannot include special provisions. The territorial authority's certificate under clause 25 of Schedule 7 is important for subdivision consents.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1537775.

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96: Territorial authority must give notice if requirements are satisfied, or

"Council must inform public when new rules are approved"


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

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

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

97Applying for planning consent that authorises change to plan provisions

  1. A person may apply under section 109 for a planning consent that authorises a change to the plan provisions that apply to an area in accordance with section 98.

  2. A plan may be changed in accordance with section 98 only if the change involves the application of standardised plan provisions to the area, and does not include any bespoke provisions (see also section 144).

  3. For the purposes of this section and section 98, a subdivision consent is given effect to if the territorial authority has issued a certificate under clause 25 of Schedule 7 in relation to that consent.