How should the Territory Plan be interpreted where multiple planning provisions apply to the same development proposal?
Where a development proposal is subject to multiple planning provisions, the Territory Plan requires all relevant provisions to be considered. If there is an inconsistency between Territory Plan components, Part A – Administration and Governance sets out the order of precedence for interpreting and applying them.
The hierarchy is:
- District Policy
- Zone Policy
- Other Policy
- Design Guides
- District Specifications
- Zone Specifications
- Other Specifications
This means that a higher-ranking component takes precedence over a lower-ranking one where there is a conflict.
Reference: Territory Plan 2023, Part A – Administration and Governance- Territory Plan 2023 | Notifiable instruments
Short Answer
Where multiple planning provisions apply to the same development proposal, the Territory Plan requires them to be interpreted according to the hierarchy set out in Part A – Administration and Governance. If there is any inconsistency, the order of precedence is: District Policy Zone Policy Other Policy Design Guides District Specifications Zone Specifications Other Specifications This hierarchy determines which provision prevails where two provisions are inconsistent.
Detailed Explanation
Where a development proposal is subject to more than one provision of the Territory Plan, all relevant provisions must be considered during the assessment. If the provisions are consistent, they are applied together. If there is an inconsistency between different components of the Territory Plan, Part A – Administration and Governance establishes the hierarchy that determines which provision takes precedence.
The order of precedence is:
- District Policy
- Zone Policy
- Other Policy
- Design Guides
- District Specifications
- Zone Specifications
- Other Specifications
This hierarchy ensures that the Territory Plan is applied consistently. Where two provisions conflict, the higher-ranking component prevails over the lower-ranking one. For example, if a Zone Policy is inconsistent with a Zone Specification, the Zone Policy takes precedence. This approach provides a clear framework for interpreting and applying multiple planning provisions when assessing a development proposal.
No minimum block size does not remove the need for planning assessment.
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