Planning and Environment Act 1987

If a planning authority has recommended the grant of a permit under section 96H, the Minister may—

grant the permit; or

grant the permit subject to conditions the Minister thinks fit; or

refuse to grant the permit on any ground the Minister thinks fit.

If the grant of a permit would authorise anything which would result in a breach of a registered restrictive covenant, the Minister must refuse to grant the permit unless—

the amendment to which the permit applies provides for the variation or removal of the covenant; or

a permit has been issued, or a decision made to grant a permit, to allow the removal or variation of the covenant.

If the grant of the permit would authorise anything which would result in a breach of a registered restrictive covenant, the permit must be granted subject to a condition that the permit is not to come into effect until the covenant is removed or varied.

In addition to subsection (1), the Minister may grant a permit under this section subject to any conditions the Minister thinks fit, if the Minister considers that, as a result of changes made to an amendment under Part 3, it is appropriate that a permit be granted under this section for any purpose for which the planning scheme as amended by the proposed amendment would require a permit to be obtained.

The permit must be granted at the same time as the approval of the amendment to which the permit applies.

The permit must state that it operates from a day specified in the permit being a day on or after the day on which the amendment to which the permit applies comes into operation.

Section 60(2), (4) and (5) apply to the consideration of a decision to grant a permit under this section as if any reference to the responsible authority were a reference to the Minister.

Section 62(2) to (6) apply to a permit granted under this section by the Minister as if a reference to the responsible authority in section 62(2) (where first occurring), 62(4), 62(5) and 62(6) were a reference to the Minister.