21Airport building controller to decide application

21 Airport building controller to decide application

Decision (1) The airport building controller for the airport site must deal with an application that is properly made under section 14 by: (a) granting the building approval; or (b) granting the building approval subject to one or more conditions the controller determines to be appropriate; or (c) undertaking to the applicant that the building approval will be granted if the applicant complies with any directions in the undertaking; or (d) refusing to grant the building approval. (2) Subsection (1) is subject to subsections (6) and (7) and sections 22 to 25. Notice of decision (3) The airport building controller must give written notice of the decision to: (a) the applicant; and (b) if the applicant is not the airport‑lessee company for the airport site—the airport‑lessee company. (4) The notice must: (a) if the decision is to grant the building approval—specify the inspection stages (if any) for the building activity; and (b) for a decision mentioned in paragraph (1)(b), (c) or (d)—include a statement of the reasons for the decision. When approval is subject to undertaking (5) If the airport building controller gives an undertaking and directions under paragraph (1)(c), and the applicant complies with the directions, the controller must grant the building approval. When building activity is, or comprises part of, a major airport development (other than at Sydney West Airport) (6) If the proposed building activity is, or comprises part of, a major airport development, the airport building controller must not make a decision on the application before the major development plan for the development has been decided, or taken to be approved, by the Minister under section 94 of the Act. (7) If the Minister refuses to approve the major development plan, the airport building controller must not deal with the application. (8) The airport building controller must advise the applicant, orally or in writing, of the effect of subsections (6) and (7).

Note: Subsections (6) to (8) do not apply to a building activity at Sydney West Airport that is covered by Part 3 of an airport plan for the airport and that wholly or partly occurs before the Sydney West Airport completion day—see section 41.

When a decision to refuse to grant a building approval is taken to have been made (9) The airport building controller is taken to have refused to grant the building approval if the controller has not given the applicant notice of a decision within 28 days after the later of the following: (a) in the case that the proposed building activity is, or comprises part of, a major airport development for which a major development plan is not approved, or taken to be approved, under section 94 of the Act at the time the application is made—the major development plan is approved, or taken to be approved, under section 94 of the Act; (b) if paragraph (a) does not apply—the application is received; (c) if further information is requested under subsection 19(1), and paragraph (d) of this subsection does not apply—the further information is received; (d) a request for further information under subsection 19(1) is withdrawn under subsection 19(5).