PLANNING ACT 2016 - SECT 83 Notice of decision

PLANNING ACT 2016 - SECT 83

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 under a call in provision—the Minister who 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; and

(h) another person prescribed by regulation.

(2) Also, if a negotiated decision notice is not given in relation to the decision, the responsible entity, other than the P&E Court, must give a decision notice about the decision to each principal submitter within 5 business days after the first of the following events happens—

(a) the applicant gives the responsible entity a written notice stating that the applicant does not intend to make change representations under section 75 ;

(b) the applicant gives the responsible entity notice of the applicant’s appeal;

(c) the applicant’s appeal period for the change application ends.

(3) 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.

(4) 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.

(5) If a decision notice is given to a court, the court must attach the notice to the court’s file for the court order.

(6) If the decision notice is given by the court, the decision starts to have effect when the notice is given.

(7) If subsection (6) 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.

(8) 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.

(9) 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.