AustLII Tasmanian Consolidated Acts

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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 57

57. Applications for discretionary permits

(1) This section applies to an application for a permit in respect of a use or development which, under the provisions of a planning scheme–

(a) is of a kind specified as being a use or development which a planning authority has a discretion to refuse or permit; or

(b) may not proceed as proposed by the applicant unless a planning authority waives, relaxes or modifies a requirement of the scheme, or otherwise in its discretion consents to the use or development proceeding.

(2) The planning authority may, on receipt of an application for a permit to which this section applies, refuse to grant the permit and, if it does so –

(a) it does not have to comply with subsection (3); and

(b) .  .  .  .  .  .  .  .  

(c) it must, within 7 days of refusing to grant the permit, serve on the applicant notice of its decision.

(3) Unless the planning authority requires the applicant to give notice, the authority must give notice, as prescribed, of an application for a permit.
(4) A notice referred to in subsection (3) is, in addition to any other matters required to be contained in it, to name a place where a copy of the application, and of all plans and other documents submitted with the application, will be open to inspection by the public at all reasonable hours during the period for which representations may be made.
(4A) A person must not obscure or remove a notice of an application for a permit displayed on the land that is the subject of the application within the time period specified in subsection (5).

Penalty:

Fine not exceeding 10 penalty units.
(5) Any person may make representations relating to the application during the period of 14 days commencing on the date on which notice of the application is given under subsection (3) or such further period not exceeding 14 days as the planning authority may allow.
(5AA) If the time period specified in subsection (5) includes any days on which the office of the planning authority is closed during normal business hours in that part of the State where the land subject to the application for a permit is situated, that period is to be extended by the number of those days.
(5A) A person may, by notice in writing to a planning authority, withdraw a representation made under subsection (5) at any time before the planning authority grants or refuses to grant a permit under subsection (6).
(5B) If a person withdraws a representation under subsection (5A), that person is taken not to have made a representation under subsection (5).
(6) Unless the planning authority has refused to grant a permit under subsection (2), it must grant or refuse to grant the permit –

(a) not earlier than the expiration of the period of 14 days, or such further period as may be allowed under subsection (5), beginning on the date on which notice of the application for a permit is given under subsection (3); and

(b) not later than –

(i) in a case where the Heritage Council has not, under section 39(3) of the Historic Cultural Heritage Act 1995, required extra time to consider the application, on the expiration of the period of 42 days from the day on which the planning authority received the application or such further period as is agreed, in writing, by the planning authority and the applicant before the expiration of that 42-day period; or

(ii) in a case where the Heritage Council has, under section 39(3) of the Historic Cultural Heritage Act 1995, required extra time to consider the application, on the expiration of the period of 56 days from the day on which the planning authority received the application or such further period as is agreed, in writing, by the planning authority and the applicant before the expiration of that 56-day period.

(6A) A further period agreed to by a planning authority and an applicant under subsection (6)(b)(i) or (ii) may be extended or further extended by agreement, in writing, between the planning authority and applicant at any time before the expiration of the period to be extended and, when so extended, is taken to be the further period referred to in that subsection.
(7) If a planning authority, on an application for a permit to which this section applies, grants or refuses to grant the permit, it must, within 7 days of granting or refusing to grant the permit, serve notice of its decision –

(a) on the applicant; and

(b) if representations have been made in relation to the application in accordance with this section, on all persons who made representations.

(c) .  .  .  .  .  .  .  .  

(8) .  .  .  .  .  .  .  .  



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