Timeframes for deciding Planning Permit Applications

There are 2 types of planning permit application and each has a different timeframe for processing.

Permitted application

Section 58(2) of the Land Use Planning and Approvals Act 1993 (LUPAA) (external link), requires Council to grant a permit, with or without conditions, for any permitted application within 28 days of a valid application being received by Council. The timeframe does not run where Council is waiting for further information to be provided by the applicant.

This timeframe can be extended by a written agreement between the applicant and the Council. This agreement must occur before the 28 days is up.

A permitted application does not need to be advertised, so no third party appeal rights exist. The applicant must be informed of Council's decision within seven days of the permit being granted. The applicant may appeal any condition of the permit.

Discretionary applications

Section 57(1) of LUPAA requires Council to make a decision on a discretionary application within 42 days of a valid application being received. The timeframe does not run where Council is waiting for further information to be provided by the applicant.

Within the 42 days, Council must advertise the application and allow 14 days for representations to be received. Council must consider those representations and decide to either approve it with or without conditions or refuse the application.

This timeframe can be extended by a written agreement between the applicant and the Council. This agreement must occur before the 42 days is up.

The applican may appeal the decision and anybody who has made representations may also appeal the decision to the Resource Management and Planning Appeal Tribunal (external link).

Many applications are decided in less than the statutory time frames, especially if they are straightforward applications and all of the necessary information has been provided at the beginning.

For more information, please contact us.