What happens if two planning requirements conflict?
You generally cannot choose whichever planning requirement is easier to satisfy.
First, check the wording carefully. Two requirements that initially appear to conflict may actually apply to different development types, zones, parts of a block or circumstances.
If they genuinely conflict and come from different parts of the Territory Plan, check the Territory Plan hierarchy to determine which has priority.
If both requirements are in the same policy, the hierarchy does not make one more important than the other. Both should be addressed where they apply.
Example: If two requirements within the Residential Zones Policy appear to give different requirements for a dual occupancy, first check whether one applies only to a particular zone or type of development. If both are applicable mandatory Assessment Requirements, the design needs to satisfy both rather than selecting one over the other.
Reference: Territory Plan – Part A: Administration and Governance – Hierarchy of Territory Plan components
Short Answer
If two planning requirements appear to conflict, first check whether both actually apply to the proposal. The requirements should be read together, including any application statements, exceptions, definitions and notes.
If the conflicting provisions are from different Territory Plan components, the Territory Plan hierarchy determines which component takes precedence.
If they are from the same policy, neither automatically takes priority. If both are applicable Assessment Requirements, both must be met. If Assessment Outcomes are involved, the proposal must demonstrate an appropriate response to each applicable outcome.
Detailed Explanation
The Territory Plan – Part A: Administration and Governance establishes a hierarchy between Territory Plan components for resolving inconsistencies:
- District Policy
- Zone Policy
- Other Policy
- Design Guides
- District Specifications
- Zone Specifications
- Other Specifications
Accordingly, where provisions in different components are inconsistent, the higher-ranking component takes precedence.
However, this hierarchy does not establish priority between two requirements contained within the same policy. In that situation, the provisions must be interpreted according to their wording and application. If both applicable provisions are Assessment Requirements, they are mandatory and both must be satisfied. Where Assessment Outcomes apply, the development proposal must demonstrate consistency with the relevant outcomes.
No minimum block size does not remove the need for planning assessment.
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