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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.]