(b) is appurtenant to a dwelling on a lot on which no other dwelling is situated; and
(c) shares, with the dwelling to which it is appurtenant, any access and parking, water, sewerage, gas, electricity or telecommunications connections and meters;
dwelling means a building, or a part of a building, which building or part of a building –
(a) is used as a self-contained residence; and
(b) includes food preparation facilities, a bath or shower, laundry facilities, a toilet and sink –
Section 24. - Land Use Planning and Approvals Amendment Act 2013 | Zoe
and may include any outbuildings and works normally forming part of a dwelling;
low risk development means a development, other than a single dwelling development, which –
(a) is within a class of development in relation to which no permit is required, and that is not prohibited, under the planning scheme, or special planning order, that applies in relation to the land on which the development is to be situated; and
(b) is for the purposes of a low risk use;
low risk use means a use of land, other than a single dwelling use, that is a use –
(a) in relation to which no permit is required; and
(b) that is not prohibited –
under the planning scheme, or special planning order, that applies in relation to the land;
single dwelling means –
(a) a dwelling on a lot on which no other dwelling is situated; or
(b) a dwelling, and an ancillary dwelling, on a lot on which no other dwelling is situated;
single dwelling development means a development, consisting of a single dwelling or an ancillary dwelling, that –
(a) is within a class of development in relation to which no permit is required, and that is not prohibited, under the planning scheme, or special planning order, that applies in relation to the land on which the development is to be situated; and
(b) is for the purposes of a single dwelling use;
single dwelling use means a use of land that is a use –
(a) that is classified as a residential use; and
(b) in relation to which no permit is required; and
(c) that is not prohibited –
under the planning scheme, or special planning order, that applies in relation to the land.
60ZB.Planning compliance certificates to be obtained
(1) A person must not develop a single dwelling development, or a low risk development, unless there is a planning compliance certificate in relation to the development.
Penalty: Fine not exceeding 200 penalty units.
(2) If a person is convicted of an offence against subsection (1) , the court may order the person to pay to the planning authority the reasonable costs incurred by the authority in investigating the offence or prosecuting the offence, or both.
(3) If a person is convicted of an offence against subsection (1) , the court mayorder that –
(a) the person is required to carry out, within the period specified in the order, work specified in the order; and
(b) if the person does not carry out the work within that period and the relevant planning authority carries out the work under subsection (5) , the person is liable to the planning authority for the reasonable costs incurred by the authority in carrying out the work.
(4) The work that may be specified in an order under subsection (3) in relation to a person is work that will ensure that a development or use carried out by the person on land is in accordance with the planning scheme, or special planning order, that applies to the land.
(5) If a court makes an order of a kind referred to in subsection (3) in relation to a person and the person does not, within the period specified in the order, carry out the work specified in the order, the relevant planning authority may carry out the work.
(6) Subsection (1) does not apply in relation to a development that commenced before the day on which this section commences.
60ZC.Applications for planning compliance certificates
(1) A person may, in a form approved by the Commission, apply to a planning authority, or a planning certifier, for the issue of a planning compliance certificate in relation to –
(a) a single dwelling development and a single dwelling use; or
(b) a low risk development and a low risk use.
(2) An application under subsection (1) is to be accompanied by the prescribed information and the prescribed documents.
(3) A person must not obtain, or attempt to obtain, a planning compliance certificate by wilfully making or causing to be made any false representation or declaration either orally or in writing.
Penalty: Fine not exceeding 20 penalty units.
60ZD.Issue of planning compliance certificates
(1) A planning authority, or planning certifier, to which an application is made under section 60ZC(1) in relation to a development and a use –
(a) must issue a planning compliance certificate specifying that –
(i) the development is a single dwelling development; and
(ii) the use is a single dwelling use –
if the planning authority or planning certifier is of the opinion that the development is a single dwelling development and the use is a single dwelling use; or
(b) must refuse to issue a planning compliance certificate in relation to the development and the use if the planning authority or planning certifier is not of the opinion that the development is a single dwelling development and the use is a single dwelling use.
(2) A planning authority, or planning certifier, to which an application is made under section 60ZC(1) in relation to a development and a use –
(a) must issue a planning compliance certificate, specifying that –
(i) the development is a low risk development; and
(ii) the use is a low risk use –
if the planning authority or planning certifier is of the opinion that the development is a low risk development and the use is a low risk use; or
(b) must refuse to issue a planning compliance certificate in relation to the development and the use if the planning authority or planning certifier is not of the opinion that the development is a low risk development and the use is a low risk use.
(3) In determining whether to issue a planning compliance certificate in relation to a development and a use, a planning authority, and a planning certifier, must take into account the prescribed matters, if any.
(4) A person who has applied to a planning authority, or a planning certifier, for the issue of a planning compliance certificate may appeal to the Appeal Tribunal against a decision by the planning authority or planning certifier to refuse to issue such a certificate.
(5) After hearing an appeal in relation to a refusal by a planning authority or a planning certifier to issue a planning compliance certificate, the Appeal Tribunal may, in addition to its powers under the Resource Management and Planning Appeal Tribunal Act 1993 , direct the planning authority or planning certifier, respectively, to issue a planning compliance certificate.
60ZE.Planning compliance certificates
(1) A planning compliance certificate is a certificate, in the prescribed form, that specifies that –
(a) a development to which the certificate relates is a single dwelling development and a use to which the certificate relates is a single dwelling use; or
(b) a development to which the certificate relates is a low risk development and a use to which the certificate relates is a low risk use.
(2) If a development, or use, to which a planning compliance certificate relates is not substantially commenced within the period of 2 years after the certificate is issued, or within the period extended under subsection (3) , the certificate is cancelled.
(3) If a development, or use, to which a planning compliance certificate relates is not, or is unlikely to be, substantially commenced before the certificate would otherwise be cancelled under subsection (2) , the planning authority in respect of the land on which the development is, or is to be, situated may grant (once only) a 2-year extension of the period during which that development or use must be substantially commenced.
(4) If –
(a) a planning compliance certificate in relation to a development, and a use, on land is issued on a day; and
(b) the development and use, on that day, is authorised under the planning scheme, or special planning order, in relation to the land, to be carried out without a permit and is not prohibited; and
(c) the planning scheme, or special planning order in relation to the land (the altered scheme or order) –
(i) ceases, after that day, to authorise the development and the use to be carried out on the land; or
(ii) ceases, after that day, to authorise the development and use to be carried out on the land unless there is a permit in relation to the development and the use; or
(iii) prohibits, after that day, a development, or use, of that kind to be carried out on the land; and
(d) the planning compliance certificate has not been cancelled –
the development and use on that land is to be taken, from the day on which the certificate is issued until the certificate is cancelled, if at all, to be lawfully established before the altered scheme or order came into operation.
(5) A planning authority must –
(a) keep a register of all planning compliance certificates which it has issued or copies of which have been received by the planning authority under section 80I ; and
(b) provide to the Commission, before 1 August in each year, copies of all entries in the register in relation to planning compliance certificates –
(i) which it has issued during the previous financial year; or
(ii) notice of the issue of which it has received under section 80I during the previous financial year.
60ZF.Cancellation of planning compliance certificates
(1) A planning authority may, by notice to a person to whom a planning compliance certificate was issued by the planning authority, or a planning certifier, in relation to an area of land within the municipal area of the planning authority, cancel the certificate, if the planning authority is satisfied that –
(a) the certificate was issued in error; or
(b) the issue of the certificate was not authorised under this Act.
(2) A notice under subsection (1) to a person must inform the person of the person's rights under this Act to appeal against the decision to cancel the certificate under that subsection.
(3) A planning authority may only cancel a planning compliance certificate issued to a person if –
(a) the planning authority has given to the person a notice in writing specifying –
(i) that the planning authority is considering cancelling the planning compliance certificate; and
(ii) the reasons why the planning authority is considering cancelling the planning compliance certificate; and
(iii) that the person may, within the period of not less than 28 days specified in the notice, make written submissions to the planning authority in relation to the proposal; and
(b) the planning authority has considered any submissions that are made by the person within the period specified in the notice in accordance with paragraph (a)(iii) and that have not been withdrawn by the person; and
(c) the period specified in the notice in accordance with paragraph (a)(iii) has expired.
(4) A person may appeal to the Appeal Tribunal against a decision by a planning authority to cancel a planning compliance certificate.