Rail Infrastructure Act 2007

If application is made for a permit for a discretionary development wholly or partly within a rail planning corridor – the relevant planning authority must, when notice of the application is given under section 57 of the Land Use Planning and Approvals Act 1993, refer the application to the Minister; and the Minister may, within the 14-day or further representation period allowed under section 57(5) of the Land Use Planning and Approvals Act 1993, give the planning authority such advice on the application as the Minister thinks fit and in so doing may recommend that, if granted, the permit should be made subject to rail network safeguards specified in the advice.

If the Minister fails to give any such advice, the planning authority may determine the application without further reference to the Minister.

If the Minister gives any such advice – the planning authority is to have regard to the advice in determining the application; and the advice is taken to be a representation made under section 57(5) of the Land Use Planning and Approvals Act 1993 in relation to the application; and the planning authority may, without limiting its discretion in the event it approves the application, grant the permit subject to any rail network safeguards recommended by the Minister (with or without modification).

Section 57(2) of the Land Use Planning and Approvals Act 1993 does not apply to an application referred to in subsection (1).

When a planning authority complies with section 57(7) of the Land Use Planning and Approvals Act 1993 for an application referred to in subsection (1), it must also give the Minister notice of its decision whether or not the Minister has given it advice on the application.

The failure of a planning authority to comply with subsection (1) for a development application does not invalidate a permit for the development but, in any such case, the Minister has the same right of appeal against the grant of the permit as a person who made representations in relation to the application.