What is a Section 92 request?

A Section 92 refers to a further information request relating to a consent application. This is a statutory process under the Resource Management Act 1991 that allows councils to ask questions about applications. This could include asking for notational changes to architectural plans, about design issues, or for further specialist input to confirm that proposals meet a permitted activity standard. A Section 92 request is often accompanied by recommendations from Council that guide consultant planners and applicants on how to answer the relevant queries. However, a Section 92 request cannot ask for further consents to be applied for: This is a separate but similar process called a Section 91 request.

Both Section 92 requests and non-Section 92 recommendations tend to be included in a formal letter. Once this is received, the applicant has 15 working days to respond to the council’s queries, though this can be exceeded by agreement with the processing planner. This is common, especially where specialist advice or design changes are necessary. However, if the processing planner is not notified of the need for an extension before the due date, then they are not obliged to accept the response and can assess the application as it was submitted. This means that it is important that the strategy for a Section 92 response is well-planned and communicated.

This is where Avant Planning can help – our team is able to manage the process of communicating with Council so that the section 92 response is adequate to satisfy them and ensure that the working days are used effectively. If you have any further questions about the section 92 request process – get in touch.

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