Simplified outline
59 Simplified outline
The following notes provide a simplified outline of this part and the Planning Act 2023, chapter 7 (Development assessment and approvals):
Certain development applications to be referred to council
The territory planning authority may be required to refer a development application to the council (see Planning Act 2023, s 170 and s 171).
Council to give advice about development application
The council gives advice to the territory planning authority, within the prescribed number of days, about the effect of a development on the heritage significance of a place or object if the development application is referred to the council (see Planning Act 2023, s 172). The council may also give the authority advice about the effect of development on heritage significance under this Act, s 60 or make a representation about a development application under the Planning Act 2023, s 180.
Council’s advice to be considered
The council’s advice must be considered by the decision‑maker in deciding a development application referred to the council (see Planning Act 2023, s 186 (i), s 189 and s 190).
Council may apply for review of decision to approve application
The council may apply to the ACAT for review of the territory planning authority’s decision to approve a development application if the council—
made a representation about the development application under the Planning Act 2023, s 180; and
is an eligible entity under that Act, ch 15 (Notification and review of decisions) (see Planning Act 2023, s 504 and s 506 and sch 5, pt 5.2, item 2, item 6 and item 8).
This Act’s bill:Explanatory statementSecond reading speech
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