Planning and Development Act 2024

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Obligation to prepare objectives for management of areas, uses and structures

51. (1) A planning authority shall prepare a statement containing objectives for the control of areas, uses of land and structures in its functional area (referred to in this section as a “development management statement”).

(2) A development management statement may include objectives for any of the following:

(a) regulating and controlling the layout of areas and structures, including density, spacing, grouping and orientation of structures in relation to roads, open spaces and other structures;

(b) regulating and controlling the design, colour and materials of structures and groups of structures, including in particular streets and townscapes, and structures and groups of structures in rural areas;

(c) promoting design in structures for the purposes of flexible and sustainable use;

(d) regulating and controlling, either generally or in particular areas and in a manner that is materially consistent with relevant National Planning Policies and Measures, any of the following matters:

(i) the size, height, floor area and character of structures;

(ii) building lines, coverage, residential amenity space and other structures;

(iii) the extent of parking places required in, on or under structures of a particular class or size, or services or facilities for the parking, loading, unloading or fueling of vehicles;

(iv) the objects which may be affixed to structures;

(v) the purposes for and the manner in which structures may be used or occupied, including, in the case of a house, letting in separate units;

(e) regulating and controlling the disposition or layout of land and structures or structures of a particular type, including the reservation of sufficient open space in relation to the number, type and character of structures in any particular development proposal, road layout, landscaping and planting;

(f) regulating, restricting, controlling or promoting the use of any land or structure for a particular purpose, whether temporarily or permanently;

(g) preserving a specific public right of way, including a public right of way which gives access to any seashore, mountain, lakeshore, riverbank, monument or other place of natural beauty or recreational utility;

(h) improvement of any area to which a special amenity area order relates.

(3) An objective included in a development management statement may relate to the whole of or any part of the functional area or to a particular structure within the functional area.

(4) Nothing in this section shall affect the existence or validity of any public right of way.

(5) An objective included in a development plan under this section shall not be construed as affecting the power of a local authority to extinguish a public right of way under section 73 of the Roads Act 1993 .