Deemed refusal periods for appeals—the Act, s 8.17(1)
119 Deemed refusal periods for appeals—the Act, s 8.17(1)
This section specifies the period after which a council is taken to have refused to issue a construction certificate, subdivision works certificate, occupation certificate or subdivision certificate.
The period for a construction certificate or subdivision works certificate ends—
for an application made on or before the day on which the council determines the associated development application—at the end of the deemed refusal period, or
otherwise—28 days after the application for the certificate is made.
The period for an occupation certificate ends 14 days after the application for the occupation certificate is made.
The period for a subdivision certificate ends—
for an application relating to subdivision that is State significant development or designated development, 14 days after the later of—
the application for the subdivision certificate is made, or
the end of the period within which an appeal against the granting of the associated development consent may be made under the Act, section 8.8, or
the determination of an appeal against the granting of the associated development consent, or
otherwise—
if the subdivision requires development consent—14 days after the application for the subdivision certificate is made, or
if the subdivision does not require development consent—7 days after the application for the subdivision certificate is made.
In this section—
associated development application, in relation to an application for a construction certificate or subdivision works certificate, means the development application for the development to which the application for the construction certificate or subdivision works certificate relates.
associated development consent, in relation to an application for a subdivision certificate, means the development consent for the subdivision to which the application relates.
deemed refusal period means the period after which the council is taken to have refused an associated development application for the purposes of the Act, section 8.11(1).
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