Printed from https://fyi.org.nz/request/27975-wcc-planning-error-correction-process?unfold=1 on August 18, 2024 03:20

WCC Planning - Error correction process

Wellington RatePayer made this Official Information request to Wellington City Council

Currently waiting for a response from Wellington City Council, they must respond promptly and normally no later than (details and exceptions).

From: Wellington RatePayer

Dear Wellington City Council,

If a WCC Planner incorrectly includes in a consent constraints above and beyond the rules in the operational district plan, what is the process to remediate the overreach?

consider for example a context where a subdivision land use resource application was applied for and was consented for a dwelling location in a Zone where residential buildings are Unrestricted, and the published District Plan’s Standards permit 8m high dwellings, but the approving planners includes a statement to the effect that “the proposed house may not be higher than 5m” - clearly with no basis in any statement in the operational district plan, what is its enforceability?

Furthermore, if having no legality, and therefore an unfounded constraint, what is the process to follow to have it removed? And how would the submitter retrieve costs for advice, meetings, request, and following this up to completion? What about the time for lost months waiting for this to be corrected?

Yours faithfully,

Wellington RatePayer

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From: BUS: Official Information
Wellington City Council

Kia ora  

   
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From: BUS: Official Information
Wellington City Council

Kia ora Wellington RatePayer

Thank you for your email dated 8 August requesting information.

Our team will manage your request under the Local Government Official Information and Meetings Act 1987 which requires us to provide a decision as soon as possible, but no later than 5 September, being 20 working days of receipt.

The reference number for your request is IRC-6886

Please contact us if you have any further questions.

Kind regards

Official Information Team
Email: [email address]
Wellington City Council | W Wellington.govt.nz | |

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-----Original Message-----
From: Wellington RatePayer <[FOI #27975 email]>
Sent: Thursday, August 8, 2024 1:45 PM
To: BUS: Official Information <[Wellington City Council request email]>
Subject: Official Information request - WCC Planning - Error correction process

Dear Wellington City Council,

If a WCC Planner incorrectly includes in a consent constraints above and beyond the rules in the operational district plan, what is the process to remediate the overreach?

consider for example a context where a subdivision land use resource application was applied for and was consented for a dwelling location in a Zone where residential buildings are Unrestricted, and the published District Plan's Standards permit 8m high dwellings, but the approving planners includes a statement to the effect that "the proposed house may not be higher than 5m" - clearly with no basis in any statement in the operational district plan, what is its enforceability?

Furthermore, if having no legality, and therefore an unfounded constraint, what is the process to follow to have it removed? And how would the submitter retrieve costs for advice, meetings, request, and following this up to completion? What about the time for lost months waiting for this to be corrected?

Yours faithfully,

Wellington RatePayer

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