How to present your submission on a RC before a Planning Committee or Commissioner
A hearing is usually heard at the Council chambers or at a venue in close proximity to the application site. Most Council's and commissioners attempt to make the experience as informal as possible, however a typical process will be adhered to. The hearing usually goes as follows:
The Commissioner or Planning Committee Chairperson will begin with the introductions of the Council staff and committee members. Then the applicant and submitters introduce themselves.
The Chairperson or Commissioner will give a brief run down of the proceedings.
The Planner for the Council will outline the proposal and the findings in their planning report. The planning report will have been mailed to the submitters at least a week before the hearing.
The applicant's agent and their experts will present their proposal. All evidence is in written form with copies given to everyone in attendance. The Council or Commissioner will ask questions after the evidence has been read.
Submitters can now make their submissions. Submitters may do the submission themselves or some engage a lawyer, planner or surveyor to present their case. The evidence is preferred to be in written form, however there is usually a transcribe at the hearing for the Council. Submitters cannot cross examine.
Submitters may be asked questions.
The Councils experts will sum up their recommendations after hearing all the evidence.
The applicant or their agent can sum up their case and offer any concessions.
The committee or Commissioner then adjourns the proceedings reserving their judgement in order to consider the proposal behind closed doors.
After the hearing a written decision will be prepared and forwarded to the applicant and all of the submitters. Once the decision is received, there are 15 working days in which to appeal a decision. If someone else appeals the decision, any submitter can request to be party to the appeal.
See below for more information
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For more information or advice, please contact Kevin Small on kevin@seehowthelandlies.co.nz Last Update Wednesday, 07 January 2009. Copyright © |
Disclaimer |
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www.seehowthelandlies.co.nz is a website established by Kevin Small to provide general information on the surveying and planning process, and on land development. Nothing on this website constitutes legal or professional advice. If you have specific planning or surveying queries, you should take specific professional and legal advice for your project from a surveyor, planner and other relevant professional before taking any action, you are also welcome to contact me. Kevin Small takes every reasonable step to ensure the accuracy of the information on this website. However, Kevin Small accepts no liability for any loss or damage arising in any way from the use of this site.
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