Regulatory Committee Agenda - Waipa District Council

{2) Repealed.
(a) the holder of a subdivision consent must apply under this section for a change
or cancellation of the consent before the deposit of the survey plan (and must
apply under section 221 for a variation or canceflation of a consent notice
after the deposit of the survey plan); and
{b) no holder of any consent may apply for a change or canceflation of a
condition on the duration of the consent.
{3) Sections 88 to 121 apply, with all necessary modifications, as if-
{a) the application were an application for a resource consent for a discretionary
activity; and
{b) the references to a resource consent and to the activity were references only
to the change or cancellation of a condition and the effects of the change or
cancellation respectively.
{4) For the purposes of determining who is adversely affected by the change or
cancellation, the local authority must consider, in particular, every person who
{a) made a submission on the original application; and
{b) may be affected by the change or cancellation.
4.2 The request to change condition 4 of SP/0106/11 meets the relevant tests of Section
127 as follows:
(1) The applicant is the holder of the subdivision consent.
(a) The applicant has not deposited the survey plan; and
(b) The holder of the consent is not applying to change or cancel a condition
relating to the duration of the consent.
4.3 The change of condition is to be considered as a Discretionary Activity under Section
104 of the RMA and an assessment of affected persons is provided in Section 5.3
below.
5 NOTIFICATION
5.1 Notification Rule 1.5.5(2) of the Operative Waipa District Plan states that an
application for resource consent need not be notified if:
• The consent authority is satisfied that the adverse effect on the environment of
the activity for which the consent is sought will be minor; and
• Written approval has been obtained from every person whom the consent
authority is satisfied may be adversely affected by the granting of the resource
consent.
Report to Regulatory Committee Meeting- No11ember 2012
AL & ARJ Hooker- Section 127 Application- Planners Report
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