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PLANNING ACT 2016 - SECT 63
Notice of decision
63 Notice of decision
(1) The assessment manager must give a decision notice about the assessment
manager’s decision to— (a) the applicant; and
(b) each referral agency;
and
(c) if the development is in a local government area and the assessment
manager is not the local government—the local government; and
(d) if the
assessment manager is a chosen assessment manager—the prescribed assessment
manager; and
(e) if a negotiated decision notice is not given in relation to
the decision—each principal submitter; and
(f) any other person prescribed
by regulation.
Notes— 1 The development assessment rules may, under
section 68 , state the period within which a decision notice must be given.
2
See also the
Building and Construction Industry (Portable Long Service Leave) Act 1991 ,
section 77 for when an assessment manager for a development application for
building work, drainage work, plumbing work or operational work must not give
a development permit for the work.
(2) The notice must be in the approved
form and state— (a) whether the application is approved, approved in part or
refused; and
(b) if the application is approved in part—the extent to which
the application is approved; and
(c) if the application is approved or
approved in part—whether the approval is a preliminary approval, a
development permit, or both; and
(d) if section 64 (5) applies—that the
assessment manager is taken to have approved the application under that
subsection; and
(e) if development conditions are imposed— (i) the
conditions; and
(ii) for each condition—whether the condition was imposed
directly by the assessment manager or required to be imposed under a referral
agency’s response; and
(iii) for each condition imposed under a referral
agency’s response—the referral agency’s name; and
(iv) for each
condition about infrastructure under chapter 4 —the provision of this Act
under which the condition was imposed; and
(f) if the application is
refused— (i) whether the assessment manager was directed to refuse the
application and, if so, the referral agency directing refusal and whether the
refusal was solely because of the direction; and
(ii) for a refusal for a
reason other than because of a referral agency’s direction—the reasons for
the refusal; and
(g) for a variation approval—the variations; and
(h) the
name, residential or business address, and electronic address of each
principal submitter; and
(i) the day the decision was made.
(3) The notice
must also state, or be accompanied by, the documents prescribed by regulation.
(4) If— (a) the assessment manager in relation to a development application
is— (i) a local government; or
(ii) the chief executive; or
(iii) an
entity prescribed by regulation; and
(b) the development application
involved— (i) a material change of use; or
(ii) reconfiguring a lot; or
(iii) building work, other than to the extent the building work is assessable
against the building assessment provisions; or
(iv) development prescribed by
regulation;
the assessment manager must publish a notice about the decision on
the assessment manager’s website.
(5) The notice must state— (a) a
description of the development; and
(b) a description of the assessment
benchmarks applying for the development; and
(c) to the extent the
development required impact assessment— (i) any relevant matters under
section 45 (5) (b) that the development was assessed against, or to which
regard was had, in the assessment; and
(ii) a description of the matters
raised in any submissions; and
(iii) how the assessment manager dealt with
the matters described under subparagraph (ii) in reaching a decision; and
(d)
the reasons for the assessment manager’s decision; and
(e) if the
development application was approved, or approved subject to conditions, and
the development did not comply with any of the benchmarks—the reasons why
the application was approved despite the development not complying with any of
the benchmarks; and
(f) any matter prescribed by a regulation.
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