Planning Act 1999

The owner of land, or a person authorised in writing by the owner, may apply to the consent authority for consent to carry out a development on the land.

An application under subsection (1) is to be in the approved form and accompanied by the prescribed fee.

An application under subsection (1) may be made by electronic transmission in the prescribed manner but must not be considered by the consent authority until the prescribed fee is paid.

A development application is to contain the following:

the name and contact details of:

the applicant and any person on whose behalf the application is made; and

the owner of the land to which the application relates; and

any person who entered into an agreement with a person referred to in subparagraph (i) or (ii) to acquire an estate or interest in the land to which the application relates; and

any person with an interest prescribed by regulation;

an assessment demonstrating how the proposed development will comply with any planning scheme that applies to the land;

an assessment demonstrating how the proposed development will comply with an interim development control order, if any, applying to the land;

a statement specifying:

whether the proposed development is required to be referred to the NT EPA under Part 4, Division 3 of the Environment Protection

Act 2019; and

whether the proposed development has been referred to the NT EPA under Part 4, Division 3 of the Environment Protection Act 2019;

an assessment demonstrating the merits of the proposed development;

a description of the physical characteristics of the land and a detailed assessment demonstrating the land's suitability for the purposes of the proposed development and the effect of development on that land and other land;

a statement specifying the public facilities or public open space available in the area in which the land is situated, whether land for public facilities or public open space is to be provided by the developer and whether it is proposed that facilities or open space be developed by the developer;

a statement specifying the public utilities or infrastructure provided in the area in which the land is situated, the requirement for public facilities and services to be connected to the land and whether public utilities or infrastructure are to be provided by the developer or land is to be provided by the developer for the provision of public utilities or infrastructure;

an assessment of the potential impact on the existing and future amenity of the area in which the land is situated;

an assessment of the benefit or detriment to the public interest of the development;

in the case of a proposed subdivision or consolidation of land in a Restricted Water Extraction Area – the information required by section 14C(1) of the Water Act 1992;

in the case of a proposed subdivision of land on which a building is situated – a report from a building certifier within the meaning of the Building Act 1993 as to whether the building will cease to comply with the Building Act 1993 if the proposed development were to proceed;

for the development of land proposed to be the scheme land of a proposed or existing scheme, or the development of existing scheme land – a plan in the approved form specifying:

any information about any building that is, or will be, situated on the scheme land (including, for example, information about the structural integrity and fire safety of the building); and

if any part of the development is subject to changes that are allowed by regulation – details about that part as required by regulation; and

any other information prescribed by regulation about the development.

Despite subsection (3), the regulations may prescribe a class or classes of development applications that may contain only some of the reports or information specified in that subsection.

The consent authority may decide to do any of the following in relation to a development application:

if the application does not contain the information required by subsection (3) or (3A), as applicable – reject the application;

if the consent authority considers additional information is necessary to enable it to consider the application properly –

require the applicant to provide the information;

if a proposal to amend a planning scheme has been placed on exhibition under Part 2, Division 3, and the consent authority is of the opinion that it should not determine the application until the Minister makes a decision about the proposal under section 25(2) – defer consideration and determination of the application under this Part until the decision is made;

if section 50C applies in relation to the development proposed in the application – defer consideration and determination of the application under this Part until the relevant procedures under that section have been completed.

The consent authority must notify the applicant in writing of a decision under subsection (4).

An applicant must provide the information required by the consent authority under subsection (4)(b) within 30 days of receiving the request or any longer period the consent authority may allow.

The applicant may, in writing, request the consent authority to extend the time to provide the information required under subsection

(b) if:

the request is supported by reasons justifying the extension; and

the application has not been rejected under subsection (9).

If the consent authority refuses a request under subsection (7) to extend the time to provide the required information, it must give the applicant notice of the decision setting out the reasons for the refusal.

The consent authority may reject an application if the applicant does not provide the information within 30 days of receiving the request or any longer period extended by the consent authority.

Division 2 Development applications – notification and consultation