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PLANNING AND DEVELOPMENT (DEVELOPMENT ASSESSMENT PANELS) REGULATIONS 2011 - REG 12

PLANNING AND DEVELOPMENT (DEVELOPMENT ASSESSMENT PANELS) REGULATIONS 2011 - REG 12

12 .         Responsible authority must report to DAP

        [(1)         deleted]

        (2)         A responsible authority to which a DAP application is made must give the DAP executive director a report on the application in the approved form.

        (3)         The report must be given at least 12 days before the day on which the application would be taken to be refused under the relevant planning instrument.

        (4A)         In calculating the period within which the report on the application must be given under subregulation (3), an excluded day or period is not to be counted.

        (4B)         For the purposes of subregulation (4A), an excluded day or period is a day or period that, under the planning instrument under which the application is made, is not to be counted in determining when the application must be determined.

        (4)         Despite subregulation (3), the DAP executive director may, by notice in writing given to the responsible authority and with the consent of the applicant, extend the period within which the report on the application must be given.

        (5)         The report must provide sufficient information to enable the DAP to determine the application, including —

            (a)         a recommendation as to how the application should be determined; and

            (b)         copies of any advice received by the responsible authority from any other statutory or public authority consulted by the responsible authority in respect of the application; and

            (c)         any other information that the responsible authority considers is relevant to determining the application.

        (6)         A DAP, in determining a DAP application, must have regard to, but is not bound to give effect to, the recommendations in a report under subregulation (2).

        (7)         A DAP may determine a DAP application in the absence of a report under subregulation (2) if a report is not given in accordance with this regulation.

        [Regulation 12 amended: Gazette 25 Jan 2013 p. 272‑3; 17 Apr 2015 p. 1382 and 1386; 16 Dec 2016 p. 5711; SL 2020/252 r. 94; SL 2024/27 r. 13.]