Northern Territory Consolidated Acts

PLANNING ACT - SECT 46

(1) The owner of land, or a person authorised in writing by the owner, may apply to the consent authority for consent to carry out a development on the land.

(2) An application under subsection (1) is to be in the approved form and accompanied by the prescribed fee.

(2A) An application under subsection (1) may be made by electronic transmission in the prescribed manner but must not be considered by the consent authority until the prescribed fee is paid.

(3) A development application is to contain the following:

(a) an assessment demonstrating how the proposed development will comply with any planning scheme that applies to the land;

(b) an assessment demonstrating how the proposed development will comply with an interim development control order, if any, applying to the land;

(c) if a public environmental report or an environmental impact statement has been prepared or is required under the Environmental Assessment Act in relation to the proposed development - a copy of the report or statement and the results of any assessment of the report or statement under that Act by the Minister administering that Act;

(d) an assessment demonstrating the merits of the proposed development;

(e) a description of the physical characteristics of the land and a detailed assessment demonstrating the land's suitability for the purposes of the proposed development and the effect of development on that land and other land;

(f) a statement specifying the public facilities or public open space available in the area in which the land is situated, whether land for public facilities or public open space is to be provided by the developer and whether it is proposed that facilities or open space be developed by the developer;

(g) a statement specifying the public utilities or infrastructure provided in the area in which the land is situated, the requirement for public facilities and services to be connected to the land and whether public utilities or infrastructure are to be provided by the developer or land is to be provided by the developer for the provision of public utilities or infrastructure;

(h) an assessment of the potential impact on the existing and future amenity of the area in which the land is situated;

(j) an assessment of the benefit or detriment to the public interest of the development;

(k) in the case of a proposed subdivision of land on which a building is situated - a report from a building certifier within the meaning of the Building Act as to whether the building will cease to comply with the Building Act if the proposed development were to proceed;

(l) for the development of land proposed to be the scheme land of a proposed or existing scheme, or the development of existing scheme land - a plan in the approved form specifying:

(i) any information about any building that is, or will be, situated on the scheme land (including, for example, information about the structural integrity and fire safety of the building); and

(ii) if any part of the development is subject to changes that are allowed by regulation - details about that part as required by regulation; and

(iii) any other information prescribed by regulation about the development.

(4) A consent authority to which an application has been made under subsection (1):

(a) may reject the application without further consideration of it if it does not address the matters specified in subsection (3);

(b) may require the applicant to provide it with the additional information that it considers necessary in order to enable the proper consideration of the application; and

(c) may, if:

(i) a proposed amendment of a planning scheme has been placed on exhibition; and

(ii) it is of the opinion that a decision under Part 2, Division 5 ought to be made before the consent authority makes a determination under section 53 in relation to the application,

defer consideration of the application under Division 3 until the determination is made under Part 2.

(5) The consent authority must notify the applicant in writing of a decision under subsection (4).