36Airport building controller to decide application

36 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 34 by: (a) granting the varied building approval; or (b) granting the varied building approval subject to any condition the controller determines to be appropriate; or (c) undertaking to the applicant that the varied building approval will be granted if the applicant complies with any direction in the undertaking; or (d) refusing to grant the varied building approval. (2) The airport building controller must not approve the application if: (a) the variation will significantly alter the character, size or impact of the building activity, or the resulting development; or (b) if the building activity is on the airport site for an airport other than Sydney West Airport—the variation relates to a major airport development and there is no major development plan approved for the development; or (c) if the building activity is on the airport site for Sydney West Airport: (i) the variation relates to a major airport development; and (ii) there is no major development plan approved for the development; and (iii) if the building activity is to wholly or partly occur before the Sydney West Airport completion day—the development is not covered by Part 3 of an airport plan for the airport. 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 alters the inspection stages for the building activity—specify the altered inspection stages; and (b) include a statement of the reasons for the decision if the decision is: (i) to grant the varied building approval subject to conditions; or (ii) to refuse to grant the varied building approval. When a decision to refuse to grant a varied building approval is taken to have been made (5) The airport building controller is taken to have refused to grant a varied building approval if the controller has not given the applicant notice of its decision within 21 days after the later of the following: (a) the application is received; (b) if further information is requested under subsection 35(1), and paragraph (c) of this subsection does not apply—the further information is received; (c) a request for further information under subsection 35(1) is withdrawn under subsection 35(5).