Planning Regulation 2017

Development for public housing that the chief executive (housing) considers is substantially inconsistent with a relevant local instrument, if—

the chief executive (housing) does all of the following things before the development starts—

gives the local government information, including plans or specifications, about the proposed development;

publishes a notice about the proposed development in a newspaper circulating generally in the locality of the premises;

gives notice of the proposed development to the owner of all adjoining premises;

places a notice about the proposed development on the premises; and

the notices under paragraph (a)(ii), (iii) and (iv)—

are in the form approved by the chief executive (housing); and

state where information about the proposed development may be inspected and purchased; and

state the period (the consultation period) within which a submission may be made, which must be at least 15 business days after the day paragraph (a) is complied with; and

state that submissions about the proposed development may be made to the chief executive (housing) during the consultation period; and

the notice under paragraph (a)(iv) is displayed on the premises for all of the consultation period; and

information about the proposed development, including plans and specifications, is available for all of the consultation period—

for viewing or downloading, free of charge, from the housing department’s website; and

for inspection, free of charge, and purchase at the housing department’s office, and any other place the chief executive (housing) approves, during business hours; and

the chief executive (housing) considers any properly made submissions when deciding whether or not to carry out the development.

Development for public housing that the chief executive (housing) is satisfied is not substantially inconsistent with a relevant local instrument, if, before the development starts, the chief executive (housing) gives the local government information, including plans or specifications, about the proposed development.

In this section—

if the adjoining premises are subject to the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985—the primary thoroughfare body corporate; or

if the adjoining premises are subject to the Mixed Use Development Act 1993—the community body corporate; or

subject to paragraphs (a) and (b), if the adjoining premises are subject to the Building Units and Group Titles Act 1980—the body corporate; or

if the adjoining premises are, under the Body Corporate and Community Management Act 1997, scheme land for a community titles scheme—

the body corporate for the scheme; or

if the adjoining premises are scheme land for more than 1 community titles scheme—the body corporate for the community titles scheme that is a principal scheme; or

if there is a time share scheme, as defined under the Local Government Act, for a structure on the adjoining premises—the person notified to the local government concerned as the person responsible for the administration of the scheme as between the participants in the scheme; or

if the adjoining premises are land being bought from the State for an estate in fee simple under the Land Act—the buyer; or

if the adjoining premises are land granted in trust or reserved and set apart and placed under the control of trustees under the Land Act—the trustees of the land; or

if paragraphs (a) to (g) do not apply—the person who is entitled to receive rent for the premises or who would be entitled to receive rent for the premises if the premises were rented to a tenant.