Certificate of planning authority as to whether use of premises complies with planning laws
40 Certificate of planning authority as to whether use of premises complies with planning laws
An application for the grant or removal of a licence, or for a change in the use or condition of any premises must be supported by a certificate from the authority responsible for planning matters in the district in which the premises to which the application relates are situated, or are to be situated, unless the Director otherwise determines.
The certificate referred to in subsection (1) is not required to be provided at the same time as the application but the application cannot be granted until the certificate has been provided to the Director, unless the Director otherwise determines.
A certificate referred to in subsection (1) shall state that the proposed use of the premises —
will comply with the requirements of the written laws relating to planning specified; or
would comply with the requirements specified if consent were to be given by a specified authority, if it is known whether that authority will give the consent, and what specified conditions or specifications should be, or are likely to be, imposed; or
will not comply with the requirements specified for the reasons specified.
In this section —
specified means specified in the planning certificate.
The Director may, where the Director is satisfied that it is desirable to do so, impose a condition on a licence relating to the submission, or further submission, to the Director of a certificate referred to in subsection (1).
[Section 40 inserted: No. 12 of 1998 s. 26; amended: No. 38 of 2005 s. 15; No. 35 of 2015 s. 5; No. 20 of 2025 s. 67, 124(1) and 125.]
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