Assessment Processes

When applications for development, subdivision, and rezoning are made, they are subject to assessment against the relevant legislation, requirements and provisions. The assessment processes for each type of application and different circumstances are different, but there are several key components:

All applications are first assessed by the authority to which they are submitted. The initial assessment is to make sure the application has been properly made. This is to ensure the Application form is correctly filled in, the correct fee has been paid, and the required information has been supplied (for example, in the case of Native Land , is there a lease and a consent letter from the Native Land Trust Board). The local authority may contact the applicant or the relevant agency or Department if details are unclear.

If the application is complete and properly made, the proposal can be considered by the relevant authorities for approval.

If the forms, plans and documents are not acceptable, the application may be returned to the applicant without further consideration.

Applications that are submitted to a local authority are assessed by technical staff of the local authority. This assessment is likely to include consideration of the general characteristics of the site and area (e.g., site is flood-prone, close to a cemetery, availability of infrastructure and services) as well as a site inspection. Within areas that have approved Town Planning Schemes, the local authority assesses the application against the requirements of that approved Scheme. Rural local authorities, which are constituted under the Public Health Act , may as part of their assessment also consider public health aspects of the application such as waste management and disposal.

If the development is for a Conditional development type, and is found to comply with all requirements, it can be approved by the Council. In any other circumstances, and outside of approved Town Planning Scheme Areas, the local authority must prepare a report of its site inspection and application assessment and refer the application, together with the report and recommendation, to the Director of Town & Country Planning.

The Department of Town & Country Planning provides technical and professional staff to assist the Director of Town & Country Planning in executing the Subdivision of Land Act and Town Planning Act. This includes the assessment of applications that are lodged with, or referred to, the Director for consideration.

The primary assessment of applications by the Department of Town & Country Planning includes assessment of the proposed development or subdivision plan against the requirements of the Acts. Proposals are also considered against any schemes or plans specific to the local area, including approved and draft Town Planning Schemes, approved Master Plans and local area Advisory Plans, where these have been prepared; and consideration informed by the report and recommendation provided by the local authority. For many applications, particularly in approved Town Planning Areas, the Director is able to make a decision on the basis of this town planning assessment, informed by the local authority's recommendation.

In the case of major proposals, the Director may require additional information in order to consider the application. The most common examples are Referrals to other agencies and Consultation with the public. Applications may be referred to such as the local authority (if they have not already commented), Native Land Trust Board, Mineral Resources Department or Department of Environment for the purposes of inspection or technical consideration. In areas where the Director believes a proposal may impact on the community, consultation may be carried out to ascertain the views of the public.

The decision about Development Permission and Subdivision ultimately rests with the Director, who is able to take into account public sentiment and the recommendations of referral agencies as well as the local authority report and town planning assessment in making the final decision.
For more information, see the Decisions section of this website.