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PLANNING ACT 2016 - SECT 87
Assessing and deciding extension applications
87 Assessing and deciding extension applications
(1) When assessing an extension application, the assessment manager may
consider any matter that the assessment manager considers relevant, even if
the matter was not relevant to assessing the development application.
(2) The
assessment manager must, within 20 business days after receiving the extension
application, decide whether to— (a) give or refuse the extension sought; or
(b) extend the currency period for a period that is different from the
extension sought.
(3) The assessment manager and the applicant may agree to
extend the 20 business day period.
(4) The assessment manager may decide the
extension application even if the development approval was given because of an
order of the P&E Court.
(5) The assessment manager must, within 5 business
days after deciding the extension application, give a decision notice to—
(a) the applicant; and
(b) any referral agency; and
(c) if the assessment
manager was a chosen assessment manager—the prescribed assessment manager;
and
(d) if the assessment manager 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
(e) if the development approval was given
because of an order of the P&E Court—the P&E Court; and
(f) if the
development application for the development approval was called in—the
Minister.
(6) If a decision notice is given to the P&E Court, the P&E Court
must attach the notice to the court’s file for the court’s order.
(7)
Despite section 85, the development approval lapses— (a) if the extension
application is approved—at the end of the extended period; or
(b) if the
extension application is refused and the applicant does not appeal—when the
last of the following happens— (i) the day notice is given under subsection
(5);
(ii) the end of the currency period; or
(c) if the extension
application is refused, the applicant does appeal and the appeal is dismissed
or withdrawn—when the last of the following happens— (i) the day the
appeal is dismissed or withdrawn;
(ii) the end of the currency period; or
(d) if the extension application is refused, the applicant does appeal, and
the appeal is allowed—at the end of the extended period decided by the
court.
(8) If the applicant does appeal, the applicant may not start or carry
on development until the appeal is decided, unless allowed by an order of the
P&E Court.
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