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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.
Note— See the development assessment rules for when the
notice is to be given.
(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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