Land Use Planning and Approvals Act 1993

A planning authority that receives an application for a permit (other than a permit referred to in section 40T) may – if the permit sought is a discretionary permit, by notice in writing served on the applicant within the period of 21 days from the day on which it receives the application; or if the permit sought is not a discretionary permit, by notice in writing served on the applicant within the period of 14 days from the day on which it receives the application – require the applicant to provide it with additional information before it considers the application.

If the period specified in subsection (1) includes any days on which the office of the planning authority is closed during normal business hours in that part of the State where the land subject to the application for a permit is situated, that period is to be extended by the number of those days.

If the planning authority requires the applicant to provide it with additional information, the relevant period referred to in section 57(6)(b) or 58(2) does not run while the request for information has not been answered to the satisfaction of the planning authority.

If additional information is not provided, in accordance with a request under subsection (1), within 2 years, or a longer period agreed to by the applicant and the planning authority, after the request is made, the application for a permit, to which the request relates, lapses.

If the Appeals Tribunal determines that – a planning authority had, in good faith, required an applicant under subsection (1) or (3) to provide the authority with additional information; but the planning authority ought to have been satisfied with the information provided to the planning authority by the applicant before the requirement was served on the applicant – the relevant period referred to in section 57(6)(b) or 58(2) does not run for the period beginning on the day on which the requirement was served on the applicant and ending at the end of the day that is 7 clear days after the day on which the determination was made by the Appeals Tribunal.

The planning authority must, within 8 business days from the day it receives the additional information under subsection (1), notify the applicant if the request for information has not been answered to its satisfaction and in that notification require the applicant to provide it with the additional information.