Planning Act 2023

If the territory planning authority receives a reconsideration application, the authority must—

reconsider the original decision; and

not later than 20 working days after the day the authority receives the application—

make any decision in substitution for the original decision that the authority could have made on the original application; or

confirm the original decision.

The 20 working days mentioned in subsection (1) may be extended for a stated period by agreement between the territory planning authority and the applicant.

In reconsidering the original decision, the territory planning authority—

need not publicly notify the reconsideration application under division 7.5.4; but

must—

give written notice of the reconsideration application to anyone who made a representation under section 180 about the original application; and

allow the person reasonable time (that is at least 2 weeks) to make a representation on the reconsideration application; and

consider any representation made within the time allowed.

Applications for reconsideration must be published on the authority website (see s 198 (6)).

Also, in reconsidering the original decision, the territory planning authority—

must consider any information available to the authority when it made the original decision and information given in the reconsideration application; and

may consider any other relevant information.

If the original decision was made on the territory planning authority’s behalf, the authority or someone holding a position senior to the position held by the person who made the original decision must reconsider the decision.