Applications for permitted development in relation to land within, or adjoining, corridor
56 Applications for permitted development in relation to land within, or adjoining, corridor
If an application is made, other than by a responsible manager, for a permitted development wholly or partly on a corridor or wholly or partly on a part, of adjoining land, that is within 50 metres of a corridor – the relevant planning authority must give the Minister notice of the application and, subject to the time constraints of section 58(2) of the Land Use Planning and Approvals Act 1993 at least 14 days in which to advise the planning authority on the proposed development; and the Minister may, within that period, give the planning authority the advice on the application that the Minister thinks fit and in so doing may recommend that the permit be granted subject to conditions relating to the corridor safety and use objectives.
If the Minister gives to a planning authority advice under subsection (1), in relation to an application, the planning authority – may have regard to the advice in determining the application; and without limiting its discretion, may grant the permit subject to the conditions, relating to the corridor safety and use objectives,that are recommended by the Minister (with or without modification).
If the planning authority decides to grant the permit subject to conditions of the kind referred to in subsection (2)(b) and the applicant lodges an appeal against that decision – the planning authority must give the Minister notice of the appeal; and the Minister is, for the purposes of clause 7(3) of Part 8 of Schedule 2 to the Tasmanian Civil and Administrative Tribunal Act 2020, taken to be a person whose interests are affected by the decision and who has a proper interest in the subject matter of the appeal.
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