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PLANNING ACT 2016 - SECT 51
Making development applications
51 Making development applications
(1) A development application must be— (a) made in the approved form to the
assessment manager; and
(b) accompanied by— (i) the documents required
under the form to be attached to, or given with, the application; and
(ii)
the required fee.
(2) The application must be accompanied by the written
consent of the owner of the premises to the application, to the extent— (a)
the applicant is not the owner; and
(b) the application is for— (i) a
material change of use of premises or reconfiguring a lot; or
(ii) works on
premises that are below high-water mark and are outside a canal; and
(c) the
premises are not excluded premises.
(3) If, under the Environmental
Protection Act , section 115 , a development application is taken to be an
application for an environmental authority, the development application must
comply with section 125 (1) (c) to (3) of that Act as if— (a) a reference to
the application were a reference to a development application; and
(b) a
reference to the applicant were a reference to an applicant for a development
application.
(4) An assessment manager— (a) must accept an application that
the assessment manager is satisfied complies with subsections (1) to (3) ; and
(b) must not accept an application unless the assessment manager is satisfied
the application complies with subsections (2) and (3) ; and
(c) may accept an
application that does not comply with subsection (1) (a) or (b) (i) ; and
(d)
may accept an application that does not comply with subsection (1) (b) (ii) to
the extent the required fee has been waived under section 109 (b) .
(5) An
application that complies with subsections (1) to (3) , or that the assessment
manager accepts under subsection (4) (c) or (d) , is a
"properly made application" .
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