Planning, Development and Infrastructure Act 2016

An application to a relevant authority for the purposes of this Part must—

be in a form determined by the Minister for the purposes of this Act;

and

include any information reasonably required by the relevant authority; and

be lodged in the manner and accompanied by such plans, drawings, specifications or other documents as may be prescribed; and

be accompanied by the appropriate fee.

No fee is payable under this section in relation to an application made by the owner or occupier of land (the relevant land) in order to remove or cut back a part of a regulated tree that is located on adjoining land but is encroaching on to the relevant land.

A relevant authority may request an applicant—

to provide such additional documents, assessments or information (including calculations and technical details) as the relevant authority may reasonably require to assess the application;

to remedy any defect or deficiency in any application or accompanying document or information required by or under this Act;

to consult with an authority or body prescribed by the regulations;

to comply with any other requirement prescribed by the regulations.

If—

a development is of a kind that is classified by the Planning and

Design Code as deemed‑to‑satisfy development; and

the development falls within a class of development prescribed by the regulations for the purposes of this subsection; and

the applicant has complied with the requirements of subsection (1)(a),

and (d), then the relevant authority must, in making an assessment as to planning consent, assess the application without requesting the applicant to provide additional documents or information.

If—

a development falls within a class of development prescribed by the regulations for the purposes of this subsection; and

the applicant has complied with the requirements of subsection (1)(a),

and (d), then—

the relevant authority may, in making an assessment as to planning consent, only request the applicant to provide additional documents or information in relation to the application on 1 occasion;

and

the relevant authority must make that request within a period prescribed by the regulations.

If a request is made under subsection (3)—

any period between the date of the request and the date of compliance is not to be included in the time within which the relevant authority is required to decide the application; and

if the request is not complied with within the time specified by the regulations, the relevant authority—

may, subject to subparagraph (ii), refuse the application; and

must refuse the application in prescribed circumstances (including, if the regulations so provide, in a case involving development that is deemed‑to‑satisfy development).

A relevant authority should, in dealing with an application that relates to a regulated tree, unless the relevant authority considers that special circumstances apply, seek to make any assessment as to whether the tree is a significant tree without requesting the applicant to provide an expert or technical report relating to the tree.

A relevant authority should, in dealing with an application that relates to a regulated tree that is not a significant tree, unless the relevant authority considers that special circumstances apply, seek to assess the application without requesting the applicant to provide an expert or technical report relating to the tree.

A relevant authority may—

permit an applicant—

to vary an application;

to vary any plans, drawings, specifications or other documents that accompanied an application, (provided that the essential nature of the proposed development is not changed);

permit an applicant to lodge an application without the provision of any information or document required by the regulations;

to the extent that the fee is payable to that relevant authority waive payment of whole or part of the application fee, or refund an application fee (in whole or in part);

if there is an inconsistency between any documents lodged with the relevant authority for the purposes of this Part (whether by an applicant or any other person), or between any such document and a development authorisation that has already been given that is relevant in the circumstances, return or forward any document to the applicant or to any other person and determine not to finalise the matter until any specified matter is resolved, rectified or addressed.

A relevant authority may grant a permission under subsection (9) unconditionally or subject to such conditions as the relevant authority thinks fit.

Without limiting subsection (6), if—

an applicant requests time to address any issue related to the application (including so as to prepare and submit any variation);

or

an applicant requires time to respond to any matter raised by a person or body in connection with the application under this Act, then, subject to the regulations, the time required by the applicant is not to be included in the time within which the relevant authority is required to decide the application.

An application, or a consent, may provide for, or envisage the undertaking of development in stages, with separate consents or approvals for the various stages.

An application relating to a proposed development cannot be made by a person who is not the owner of the land constituting the site of the proposed development unless—

the owner has consented to the making of the application; or

the applicant is a prescribed person or body, or a person or body of a prescribed class; or

the application is an application of a prescribed class, or made in prescribed circumstances.

An applicant may withdraw an application (but, unless the relevant authority otherwise determines, the applicant is not entitled to a refund of the application fee in such a case).