Decisions

Decisions

Except for the approval of complying, Permitted Developments within areas with approved Town Planning Schemes (which is the responsibility of the local authority), the final authority for all decisions is the Director of Town & Country Planning. In areas with approved Town Planning Schemes, the Director's consent must be obtained prior to a local authority making a decision on any Conditional or Non-permissible Development, or on any application involving a relaxation of standards. For development works, a local authority cannot issue a Building Permit until the Director provides consent. In all other areas, only the Director has the authority to approve or refuse proposed developments, or to defer a decision.

The Director will generally approve or consent to an application if it is consistent with the relevant General Provisions. Any consent may be for a limited period and can be subject to such conditions or restrictions as to use or otherwise as the Director or the local authority deems fit. Conditions are to ensure the development complies with all appropriate requirements.

When a proposed development is considered by the local authority and/or by the Director of Town & Country Planning not to meet the requirements of the relevant legislation, the application will be refused. The plans and forms submitted for consideration will be stamped 'REFUSED' and signed and dated. A letter will be prepared by the Director

Applicants are notified of decisions by the authority to which they submitted the application. The decision of the Department of Town & Country Planning will be provided to whichever person or agency submitted the application to the Department. Decisions about applications lodged directly to the Department will be provided to the applicant. Decisions about applications lodged with a local authority and referred to the Department will be provided to the local authority, to be relayed to the applicant.

Approvals issued for development, subdivision and rezoning are valid for a limited time. For each type of approval, there are tasks that must be undertaken (or commenced) within this time in order for the approval to remain valid. If a developer fails to take the appropriate action within the validity period, the approval expires.

Approvals for Development Permission and Subdivision issued by the Director of Town and Country Planning are valid for two years. This will be included as a condition of the approval; and during this time, works must be commenced on the development for the approval to remain valid.

A subdivision approval is valid for two years, in which time works must be commenced to meet the conditions of approval, otherwise the approval will lapse. Conditions may also require submission of engineering plans or certification of infrastructure prior to submission of survey plans. A subdivision is not complete until survey plans are approved.

If a planning decision (whether approval or refusal) is not deemed satisfactory, some parties have a right of appeal under Section 5(1) of the Town Planning Act . Depending on the nature of the case, the right of appeal is available to the applicant, to the local authority, to any objector, or any other person having an interest in the land. To appeal a decision made by the Director of Town & Country Planning, a letter from the appellant must be written to the Minister. This letter should be sent within 28 days of receiving the decision that is the subject of the appeal. Appeals are decided by the Minister, whose decisions on all matters are final.