Planning Act 1999

If, in the Minister's opinion, additional information is necessary to enable a proper consideration of the concurrent application, the Minister may require the applicant to provide the information.

If the applicant does not provide any additional information after being required to do so, or the Minister considers that additional information provided by the applicant is insufficient to enable a proper consideration of the concurrent application, the

Minister:

may decide to reject the application without considering it further; and

as soon as practicable after making the decision – must give the applicant a notice of, and the reasons for, the decision.

If the Minister considers the development proposal in the concurrent application is a significant development proposal, the

Minister may request the Commission to give the Minister a significant development report.

If the Minister requests a significant development report, the

Minister must:

defer consideration of the concurrent application; and

give the applicant a notice about the request to the Commission, stating that further consideration of the concurrent application is deferred until the significant development report has been given to the Minister.

When considering a concurrent application, the Minister must also consider the following:

whether the proposed amendment promotes the purpose and objectives of this Act;

whether the proposed amendment, other than a proposed amendment to a strategic framework, is contrary to any strategic framework in the planning scheme;

the merits of the proposed amendment and whether the amendment is in the public interest;

any report received from the Commission under subsection (3);

any other matters the Minister considers appropriate.

As soon as practicable after considering the concurrent application and the matters referred to in subsection (4A), the

Minister may decide to:

accept the application for exhibition; or

refuse to amend the planning scheme as specified in the amendment proposal.

If the Minister makes a decision under subsection (5)(a), the Minister must:

give the applicant a written notice of the decision that specifies the exhibition period for the concurrent application; and

if a Division of the Development Consent Authority has not been established for the area of land to which the concurrent application relates – appoint a person, a Division or another body to be the consent authority for the concurrent application; and

give the consent authority a copy of:

the notice of the decision; and

the concurrent application; and

any significant development report given to the Minister as requested under subsection (3).

If the Minister makes a decision under subsection (5)(b):

the decision has the effect that the concurrent application lapses; and

the Minister must give the applicant a written notice of the decision that includes:

the reasons for the refusal to amend the planning scheme; and

a statement that the concurrent application has lapsed.

Division 3 Exhibition of concurrent application