COM 0349.904 2006-2008 - Laserfiche WebLink

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Such a course ntay be inappropriate where m+o[her form oJconsent is also being sought or is necessn+y. The effects to be considered in relation to each application neay be quite distinct. Bu[ more often i! is likely that die neatters requiring consideration under multiple land use consent applicatio>s in respect of the same development will overlap. The consent authority should direct its mind to this question and, where there is nn overlap, should decline to dispense with notification of one application tmless it is appropriate to do so with all of them. To da otherwise would be for the authority to jail to look at a proposal in the round, considering at the o+¢e time all the nwtiers which it ought to consider, and instead to split it artificially into pieces. [12] AIthough addressed in the notification context, there can be no doubt the issues of subdivision and house construction are interhvined in this case. In Kittg v Artck(attd City Councilz the High Court discussed this issue in the following terms. After quoting Bayley as cited, Randerson J (as he then was) stated: This approach is consistent with the clear statutory intention of the Ac[ to treat the sustainable management of natural and physical resources in a comprehensive manner. That is why a consen! authority has power under s91 to require that all relevant resource caruertts relating to u proposal be dealt wi[h together. I have no doubt in the ptesen[ case that a compartmentalised approach would trot have been appropriate. Indeed, bosh PDL as applicant ar+d the Council's planning o~cer• accepted that the applications were to be deal[ with as a whole and should be treated overall as an application for• consent to a discretionnry activity. The ea+•thworks and excavation jot which caTSen1 was sought related solely to the proposed construction of the dwelling house. They consisted of the excavation of the building platform +•equir•ed jot the dwelling ns well as that ;~~.,E SEAL p~ ~ required for a massive barrier pile wall near the crest of the steep slope on the HF. iw ~ ~ ' [2000] NZRMA 145 at pa+agraphs 49 end 50.