Community Titles Act 2018

A person who has made an application under this Part may apply to the Tribunal for a review of —

a decision to refuse to approve the application, including by —

making a decision that subdivision by a community scheme is not an appropriate form of subdivision for the land the subject of the application; or

refusing to extend the development period for a community scheme; or

refusing to approve an amendment or repeal of scheme by‑laws;

a decision to approve a draft community development statement or an amendment of a community development statement subject to conditions.

The Tribunal has jurisdiction to carry out the review in accordance with the Planning and Development Act 2005 Part 14.

Part 12 does not apply to a proceeding under this section (which is a proceeding within the Tribunal’s review jurisdiction).

If at the end of 120 days after an application is made under section 21 (or any longer period agreed with an applicant), the Planning Commission has not made a decision under section 23 or 24, the applicant may give written notice of default to the Planning Commission.

If at the end of 28 days after an application is made under section 26(2) (or any longer period agreed with an applicant), the Planning Commission has not made a decision on the application, the applicant may give written notice of default to the Planning Commission.

If a notice of default is given to the Planning Commission, the applicant may apply to the Tribunal for a review, in accordance with the Planning and Development Act 2005 Part 14, as if the Planning Commission had refused to approve the application on the day on which the notice of default was given to the Planning Commission.