LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 59 Failure to determine an application for a permit
LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 59
Failure to determine an application for a permit
(1) The failure of a planning authority to determine an application for a permit to which section 57 or 58 applies before the expiration of the period, or, where applicable, the further period, referred to in section 57(6)(b)(i) or (ii) or 58 (2) is deemed to constitute a decision to grant a permit on conditions to be determined by the Appeal Tribunal.(2) Where the failure of a planning authority to determine an application for a permit to which section 57 or 58 applies is deemed to constitute a decision to grant a permit on conditions to be determined by the Appeal Tribunal, the planning authority must, within 7 days of the expiration of the period, or, where applicable, the further period, referred to in section 57(6)(b)(i) or (ii) or 58 (2) , serve noticethat the permit has been deemed to have been granted on conditions to be determined by the Appeal Tribunal.(a) on the applicant; and(ab) if the Heritage Council has notified the planning authority under section 36(3)(b) of the Historic Cultural Heritage Act 1995 that it wishes to be involved in the determination of the application, on the Heritage Council; and(b) on any person who made representations under section 57 (5) (3) If a planning authority fails to determine an application before the expiration of the relevant period referred to in section 57(6)(b)(i) or (ii) or 58 (2) , the applicant may apply to the Appeal Tribunal for an order determining the conditions on which the permit is granted.(3A) The Appeal Tribunal must notify the planning authority and, if the Heritage Council by reason of section 45(5) of the Historic Cultural Heritage Act 1995 is joined as a respondent to the application, the Heritage Council of an application for an order under subsection (3) .(3B) The planning authority must, within 7 days of receiving notification from the Appeal Tribunal of an application under subsection (3) , advise any person who made representations, under section 57(5) , of that application unless the person has previously been notified under subsection (2) .(4) After hearing an application under subsection (3) , the Appeal Tribunal may, in addition to its powers under the Tasmanian Civil and Administrative Tribunal Act 2020 (a) grant the permit unconditionally; or(b) grant the permit and direct that the permit must contain specified conditions; or(c) in the case of an application for a permit to which section 57 applies or is taken to apply, direct that a permit must not be granted.(5) Subject to subsection (5AA) , after hearing an application under subsection (3) , the Appeal Tribunal must direct the planning authority to pay(a) to the Appeal Tribunal an amount determined by the Appeal Tribunal as being the costs in relation to the application; and(b) to each other party to the appeal an amount determined by the Appeal Tribunal as being the costs of that party in relation to the application.(5AA) The Appeal Tribunal must not make an order under subsection (5) directing a planning authority to pay costs for a failure to determine an application within a period, or a further period, referred to in subsection (1) , if the failure only arose because a purported decision of the authority within that period was of no effect in law.(5A) If the Appeal Tribunal makes an order for costs under subsection (5) , it (a) is to specify the time within which those costs are to be paid; and(b) may, by a further order, extend that time if it considers it reasonable in the circumstances.(5B) If the Appeal Tribunal makes an order for costs before the end of any proceedings, it may require that the order be complied with before it continues with the proceedings.(5C) An order for costs under this section may be registered in a court having jurisdiction for the recovery of debts of the amount ordered to be paid by or under the order.(5D) Proceedings for the enforcement of an order for costs under this section may be taken as if the order were a judgment of the court in which the order is registered.(6) . . . . . . . .(7) Notwithstanding the provisions of this Division, a planning authority may make a decision on an application for a permit to which section 57 or 58 applies at any time before the lodging of an application under subsection (3) .(8) Where a planning authority makes a decision under subsection (7) it must, within 7 days of making the decision, serve notice of its decision on the applicant and, where representations have been made in relation to the application under section 57 (5) , on all persons who made representations.(9) . . . . . . . .(10) . . . . . . . .