Planning, Development and Infrastructure Act 2016

A relevant authority should deal with an application as expeditiously as possible and within the time prescribed by the regulations.

If a relevant authority does not decide an application within the time prescribed under subsection (1) in respect of the provision of planning consent, the applicant may, before the application is decided, give the relevant authority a notice in the prescribed manner and form (a deemed consent notice) that states that planning consent should be granted.

On the day that the relevant authority receives the deemed consent notice, the relevant authority is, subject to this section, taken to have granted the planning consent (a deemed planning consent).

The relevant authority may, within 10 business days after receiving the deemed consent notice—

grant the planning consent itself; or

grant the planning consent subject to conditions.

The deemed planning consent is taken to include—

any conditions that a relevant authority imposes under subsection (4)(b);

or

if the relevant authority does not grant a planning consent under subsection (4)—any standard condition specified by a practice direction issued by the

Commission for the purposes of this subsection.

If—

a deemed planning consent is taken to have been granted under subsection (3);

and

a relevant authority considers that the relevant application for planning consent should have been refused, the relevant authority may apply to the Court for an order quashing the consent.

An application under subsection (6) must be made within 1 month after the deemed planning consent is taken to have been granted unless the Court, in its discretion, allows an extension of time (and then the Court will determine the matter under section 205).

If a relevant authority does not decide an application within the time prescribed under subsection (1) in respect of the provision of a development authorisation other than planning consent, the applicant may, after giving the relevant authority 14 days notice in accordance with the regulations, apply to the Court for an order requiring the relevant authority to make its determination within a time fixed by the Court.

If the Court makes an order under subsection (8), the Court should also order the relevant authority to pay the applicant's costs of the proceedings unless the Court is satisfied—

that the delay is not attributable to an act or omission of the relevant authority; or

that the delay is attributable to a decision of the relevant authority not to deal with the application within the relevant time because—

it appeared to the relevant authority that there had been a failure to comply with a requirement prescribed by or under this Act; or

the relevant authority was not provided with appropriate documentation or information relevant to making a decision under this Act; or

the relevant authority believed, on other reasonable grounds, that it was not appropriate to decide the matter in the particular circumstances; or

that an order for costs should not be made for some other reason.

This section does not apply to or in relation to—

impact assessed development where the Minister is the relevant authority;

or

development that involves a division of land that would create 1 or more additional allotments in an environment and food production area or a character preservation area.