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PLANNING ACT 2016 - SECT 53
Publicly notifying certain development applications
53 Publicly notifying certain development applications
(1) An applicant must give notice of a development application if— (a) any
part of the application requires impact assessment; or
(b) the application
includes a variation request.
(2) The notice must be given in the way or ways
stated in the development assessment rules.
(3) However, the assessment
manager may assess and decide a development application even if some of the
requirements of the development assessment rules about the notice have not
been complied with, if the assessment manager considers any noncompliance has
not— (a) adversely affected the public’s awareness of the existence and
nature of the application; or
(b) restricted the public’s opportunity to
make properly made submissions about the application.
(4) The notice must
state that— (a) a person may make a submission about the application to the
assessment manager; and
(b) any submission must be made by a stated day that
is at least— (i) for an application that includes a variation request—30
business days after the notice is given; or
(ii) for an application of a type
prescribed by regulation—the period, of more than 15 business days after the
notice is given, prescribed for the application; or
(iii) for any other
application—15 business days after the notice is given.
(5) However, if the
development assessment rules require the notice to be given in more than 1
way, the period mentioned in subsection (4) (b) starts on the day after the
day when the last notice is given.
(6) Any person, other than the applicant
or a referral agency, may make a submission about the application. Notes—
1 In order for a submitter to have appeal rights under schedule 1 , the
submitter’s submission must be a properly made submission.
2 An advice
agency, in its referral agency’s response, may tell the assessment manager
to treat the response as a properly made submission. See schedule 2 ,
definition eligible advice agency , paragraph (a) .
(7) Submissions made
about the application remain effective even if the notice is given again under
the development assessment rules.
(8) If, within 1 year after a development
application (the
"original application" ) lapses or is withdrawn, another development
application that is not substantially different from the original application
(the
"later application" ) is made, any properly made submission for the
original application is taken to be a properly made submission for the
later application.
(9) This section applies even if a referral agency has
directed refusal of all or part of the development application.
(10) The
assessment manager may, at the applicant’s request, give the notice for the
applicant, for a fee of no more than the reasonable costs of doing so.
(11)
However, subsection (1) (b) does not apply if— (a) a variation approval has
been given for the premises; and
(b) the variation request does not seek to
change the category of development or category of assessment for the
development stated in the earlier variation approval or, if the request does,
the request seeks to change only 1 or more of the following— (i) accepted
development to assessable development;
(ii) assessable development requiring
code assessment to accepted development, if the accepted development is
substantially consistent with the assessment benchmarks for the development
under the earlier variation approval;
(iii) assessable development requiring
code assessment to assessable development requiring impact assessment; and
(c) for a variation request that proposes assessment benchmarks—the proposed
assessment benchmarks are substantially consistent with assessment benchmarks
in the earlier variation approval.
(12) In this section—
"business day" does not include a day between 20 December of a year and 5
January of the next year.
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