Planning Act 1999

(1) As soon as practicable after the consent authority is given the notice, it must determine to:

(a) consent, either conditionally or unconditionally, to the development proposal in the concurrent application; or

(b) alter the development proposal in the application in the manner it considers appropriate and consent, either conditionally or unconditionally, to the development proposal as altered; or

(2) Before making the determination, the consent authority must take into account:

(a) the matters included in the authority's report given to the Minister under section 30Q(1); and

(b) any alteration the Minister has made under section 30T(1) to the amendment proposal in the concurrent application.

(3) Subject to this section, the consent authority must not consent to a proposed development except in accordance with any planning scheme applicable to the development.

(4) The consent authority may take into account the effect the proposed amendment would have on the planning scheme.

(4A) The consent authority must refuse to consent to a development proposal for the subdivision or consolidation of land in a Restricted Water Extraction Area unless the application complies with the restrictions of sections 14A and 14B of the Water Act 1992 and the requirements of section 14C(1) of that Act.

(5) The Minister may consent to a proposed development despite it being contrary to any strategic framework in the planning scheme applicable to the development.

(6) The Minister may give the Development Consent Authority approval to consent to a proposed development despite it being contrary to any strategic framework in the planning scheme applicable to the development.

(7) The Minister's approval may be obtained by written request setting out the Development Consent Authority's reasons for the request.

(8) The Development Consent Authority is taken to have the Minister's approval if the Minister does not respond in writing to the request within 14 days after receiving the request.