Victorian Consolidated Legislation

Building Act 1993 - SECT 29B

Suspension of demolition permit pending amendment of planning scheme

29B. Suspension of demolition permit pending amendment of planning scheme



(1) If-

   (a)  the report and consent of the responsible authority as reporting
        authority under section 29A has been sought in relation to an
        application for a building permit; and

   (b)  during the prescribed time referred to in clause 6A(2) of Schedule 2-

   (i)  an application is made to the Minister for an exemption under
        section 20(1) of the Planning and Environment Act 1987 in respect of
        an amendment to the planning scheme affecting the land; or

   (ii) if a request is made to the Minister to prepare an amendment to a
        planning scheme affecting the land and to exempt himself or herself
        under section 20(4) of the Planning and Environment Act 1987 from
        certain requirements in respect of that amendment- the responsible
        authority must give written notice without delay to the relevant
        building surveyor of the application or request.

(2) On receipt of a notice under subsection (1) the relevant building surveyor
must suspend consideration of the application for the building permit.

(3) The responsible authority must give written notice to the relevant
building surveyor without delay of-

   (a)  the withdrawal of an application or request referred to in subsection
        (1)(b); or

   (b)  the refusal of an application or request referred to in subsection
        (1)(b); or

   (c)  the coming into operation of an amendment referred to in subsection
        (1)(b); or

   (d)  the lapsing of an amendment referred to in subsection (1)(b).

(4) The prescribed time within which the relevant building surveyor must
decide an application for a permit-

   (a)  ceases to run at the time that notice affecting the application is
        received by the relevant building surveyor under subsection (1); and





   (b)  recommences to run only when notice affecting the application is
        received by the relevant building surveyor under subsection (3).

(5) If a notice of an amendment has been given to the relevant building
surveyor under subsection (3)(c) the relevant building surveyor must, in
considering under section 24 whether a building permit is consistent with any
relevant planning permit, consider the requirements of the relevant planning
scheme as amended by the amendment.

Division 5-Register and records