Planning Act 2023

This section applies if—

the time for deciding a development application has ended; and

the decision‑maker has not decided the application under section 185.

The decision‑maker may approve the application under section 185 (with or without conditions) even if the time for deciding the application has ended.

To remove any doubt, the decision‑maker is taken to have decided to refuse an application under the ACT Civil and Administrative Tribunal Act 2008, section 12 (When no action taken to be decision) if the decision‑maker has not decided the application under section 185.

Because a decision of the ACAT on review is taken to have been a decision of the original decision‑maker, the original decision‑maker will not be able to approve an application if the ACAT has decided an application for review of the deemed refusal (see ACT Civil and Administrative Tribunal Act 2008, s 69).