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.]