PLANNING AND DEVELOPMENT ACT 2005 - SECT 253
PLANNING AND DEVELOPMENT ACT 2005 - SECT 253
253 . Failure of responsible authority to make decision within decision period
(1) In this section
—
applicant includes a person making a request under
section 144(1), 145(1) or 151(1);
decision period means —
(a) in
the case of an application for approval of a plan of subdivision, the period
of 90 days specified in section 143(2) or any longer period after that day as
may be agreed between the Commission and the applicant under section 143(2);
and
(b) in
the case of an application for endorsement of approval on a diagram or plan of
survey, the period of 30 days specified in section 145(5) or any longer period
after that day as may be agreed between the Commission and the applicant under
section 145(5); and
(ba) in
the case of an application under section 145A(2), the period of 30 days
specified in section 145A(6) or any longer period as may be agreed between the
Commission and the applicant under section 145A(6); and
(c) in
the case of any other application, or a request, referred to in subsection
(2), the period of 60 days from the day on which the application or request
was made, or any longer period after that day as may be agreed in writing
between the responsible authority and the applicant or person so requesting.
(2) If at any time
after the end of the decision period the responsible authority has not —
(a)
approved, or refused to approve, an application under section 145A(2) or
referred to in section 251(1); or
(b)
given notice of a decision on the request made under section 144(1) or 151(1);
or
(c)
endorsed, or refused to endorse, a diagram or plan of survey under
section 145(4),
the applicant may give
written notice of default to the responsible authority.
(3) Where a notice of
default is given to a responsible authority under subsection (2), the
applicant may apply to the State Administrative Tribunal for a review, in
accordance with this Part, as if the responsible authority had refused to
approve the application, plan or diagram, or had refused to alter or revoke
the condition, as the case requires, on the day on which the notice of default
was given to the responsible authority.
[Section 253 amended: No. 26 of 2020 s. 93.]