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PLANNING ACT 2016 - SECT 83
Notice of decision
83 Notice of decision
(1) The responsible entity, other than the P&E Court, must give a decision
notice about the entity’s decision on a change application, within 5
business days after deciding the application, to— (a) the applicant; and
(b) if the responsible entity is not the assessment manager—the assessment
manager; and
(c) if the responsible entity is a chosen assessment
manager—the prescribed assessment manager; and
(d) any referral agency for
the application; and
(e) if the responsible entity is not a local government
and the premises are in a local government area—the local government whose
local government area includes the premises; and
(f) if the application
relates to a development approval given after the application for the
development approval was called in—the Minister that called in the
application; and
(g) if the approval was given under a court order and the
court was not the responsible entity—the court.
(2) The decision notice
must state the day when— (a) the change application was made; and
(b) the
development approval for the development application was decided.
(3) If the
decision is to make the change, the decision notice must be accompanied by a
copy of the following showing the change, including any extra development
conditions— (a) if the responsible entity is a referral agency—the
referral agency’s response for the original development application;
(b)
otherwise—the development approval.
(4) If a decision notice is given to a
court, the court must attach the notice to the court’s file for the court
order.
(5) If the decision notice is given by the court, the decision starts
to have effect when the notice is given.
(6) If subsection (5) does not
apply, section 71(1) to (6) applies to the decision notice as if— (a) the
decision were a development approval; and
(b) a submitter for the change
application were a submitter for a development application; and
(c) an
affected entity, or an advice agency in relation to the change application,
were an advice agency mentioned in section 71; and
(d) the applicant for the
change application were an applicant for a development approval; and
(e) the
responsible entity were an assessment manager.
(7) If— (a) the responsible
entity for a change application, other than for a minor change, is— (i) a
local government; or
(ii) the chief executive; or
(iii) an entity prescribed
by regulation; and
(b) the change 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
responsible entity must publish a notice about the decision on the responsible
entity’s website.
(8) The notice must state— (a) a description of the
development; and
(b) a description of any assessment benchmarks, or matters
under section 55(2), applying for assessing the change application; and
(c)
to the extent the change application 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 responsible entity’s
decision; and
(e) the reasons why the change application was approved despite
the development not complying with any or all of the benchmarks, if— (i) the
responsible entity was the assessment manager; and
(ii) the development did
not comply with any or all of the benchmarks; and
(iii) the responsible
entity approved the change application, or approved the change application
subject to conditions; and
(f) any matter prescribed by a regulation.
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