PLANNING AND DEVELOPMENT ACT 2005 - SECT 249
PLANNING AND DEVELOPMENT ACT 2005 - SECT 249
249 . Decision as to development under interim development order
(1) Subject to
subsection (2), if an applicant for approval to carry out development under an
interim development order is aggrieved by the refusal to grant the approval or
by the conditions subject to which the approval is granted, the applicant may
apply to the State Administrative Tribunal for a review, in accordance with
this Part, of the decision to refuse or to impose the conditions.
(2) No application for
a review is to be made or heard in respect of a development that contravenes a
provision of —
(a) a
local planning scheme; or
(b) a
local law of a local government that is not superseded by the interim
development order; or
(c) an
order made under the Heritage Act 2018 Part 4 or Part 11 Division 4.
(3) The Commission is
to be taken to have refused an application for approval to carry out
development under a regional interim development order, and a local government
is to be taken to have refused an application for approval to carry out
development under a local interim development order, if the Commission or the
local government, as the case requires, has not given its decision on that
application to the applicant —
(a)
within a period of 60 days after the receipt by the local government or
Commission of the application; or
(b) in
the case of land in relation to which the application has been referred to the
Heritage Council in accordance with the interim development order, within a
period of 60 days after referring the application.
[Section 249 amended: No. 22 of 2018 s. 186(16).]