13Development of uncoloured land on the zone map

13 Development of uncoloured land on the zone map

13 Development of uncoloured land on the zone map

(1) Objectives

• to enable the control of development on unzoned land.

• to ensure that development of unzoned land is compatible with surrounding development and zones.

• to ensure that development of certain waters takes account of environmental impacts and other users of the waters.

(2) A person must not carry out development (other than development for the purpose of an outdoor eating area on a footpath within a road reserve or development listed in Schedule 5) on unzoned land except with consent.

(3) In deciding whether to grant consent to development on unzoned land, the consent authority must consider—

(a) whether the proposed development is compatible with development permissible in the adjoining zone and the character and use of existing development in the vicinity, and

(b) in the case of unzoned land that is below the mean high-water mark of the ocean or an estuary, bay, lake or river—

(i) whether or not the proposed development would alienate the use of the waters of the ocean, estuary, bay, lake or river from recreational uses or from commercial fishing and, if so, whether there is sufficient area in the locality for those uses to mitigate the adverse effect of the proposed development on those uses, and

(ii) the provisions of any coastal, estuary or river plan of management in force from time to time that applies to the unzoned land or land in the vicinity, and

(iii) any impact the proposed development may have on the natural environment.