PLANNING AND ENVIRONMENT ACT 1987 - SECT 61 Decision on application

PLANNING AND ENVIRONMENT ACT 1987 - SECT 61

    (1)     The responsible authority may decide—

        (a)     to grant a permit; or

        (b)     to grant a permit subject to conditions; or

        (c)     to refuse to grant a permit on any ground it thinks fit.

Note to s. 61(1) inserted by No. 12/2021 s. 5.

Note

The responsible authority must refuse to grant a permit if an Order under section 131 is in effect and applies to the land to which the permit application relates unless the permit is for a use or development that is specified in the Order as an exception—see section 132(1)(c) and (2).

S. 61(2) amended by No. 3/2013 s. 21(1).

    (2)     The responsible authority must decide to refuse to grant the permit if a relevant determining referral authority objects to the grant of the permit.

S. 61(2A) inserted by No. 3/2013 s. 21(2).

    (2A)     The responsible authority may decide to refuse to grant a permit if a relevant recommending referral authority objects to the grant of the permit.

S. 61(3) inserted by No. 8/1995 s. 44.

    (3)     The responsible authority—

S. 61(3)(a) amended by No. 26/2018 s. 96(1).

        (a)     must not decide to grant a permit to use or develop marine and coastal Crown land within the meaning of the Marine and Coastal Act 2018 unless the Minister administering that Act has consented under that Act to the use or development; and

        (b)     must refuse to grant the permit if the Minister administering that Act has refused or is deemed to have refused under that Act to consent to that use or development.

S. 61(4) inserted by No. 100/2000 s. 9.

    (4)     If the grant of a permit would authorise anything which would result in a breach of a registered restrictive covenant, the responsible authority must refuse to grant the permit unless a permit has been issued, or a decision made to grant a permit, to allow the removal or variation of the covenant.

S. 61A inserted by No. 53/2012 s. 8.