Western Australian Current Regulations

PEEL REGION SCHEME - REG 22

22 .         Deemed determination of application to commence development where power is delegated to local government

        (1)         If —

            (a)         a determination is made by a local government under a local planning scheme in respect of planning approval for development on land to which a resolution under clause 21 applies;

            (b)         at the same time as the application for that planning approval was made under the local planning scheme, an application was made to that local government under this Scheme for planning approval in respect of the same development; and

            (c)         the local government has power, pursuant to a delegation by the Commission, to determine the application made under this Scheme,

                then, subject to subclause (2) and despite any other provision of this Scheme, the local government is deemed to have made, at the same time as the determination under the local planning scheme was made, the same determination under this Scheme in respect of the development.

        (2)         Nothing in this clause prevents the Commission from exercising its power to determine an application for planning approval in accordance with the terms of the delegation referred to in subclause (1)(c).

        [Clause 22 amended: Gazette 21 May 2013 p. 2009.]