Land Use Planning and Approvals Act 1993

A planning authority that agrees to a request under section 40T(1) must determine under subsection (2) the application under section 40T(1) for a permit that accompanies the request, before it complies with section 40G in relation to the draft amendment of an LPS to which the request relates.

A planning authority that agrees to a request under section 40T(1) must determine the application under section 40T(1) for a permit that accompanies the request by – granting the permit unconditionally or subject to the conditions or restrictions that the planning authority thinks fit and imposes on the permit; or refusing to grant the permit.

A planning authority, in determining under subsection (2) an application for a permit under section 40T(1) – must seek to further the objectives set out in Schedule 1; and must take into consideration any matters prescribed for the purposes of this section that are relevant to the application.

The determination by a planning authority under subsection (2) of an application under section 40T(1) for a permit is to be made by reference to the provision of the planning scheme as in force at the date of the decision, as if the scheme had been amended in accordance with the draft amendment of the LPS, to which the application for the permit relates, that the planning authority has decided under section 40D to prepare.

Sections 51, 52, 53, 54, 55, 56, 57, 58 and 59 do not apply in relation to an application under section 40T(1) for a permit.

A planning authority, within 7 days of determining under subsection (2) an application under section 40T(1) for a permit, must provide to the Commission – a copy of the application and any documentation submitted with the application; and a copy of the planning authority's decision and a copy of any permit granted under the decision.