sec.85Deciding application generally

sec.85 Deciding application generally

MEDQ can not decide the application unless MEDQ is satisfied— if an information request has been made in relation to the application—the applicant has been given a notice under section 83B in relation to the request; and if section 84 applies for the application—MEDQ has decided under section 84C (2) or 84D (2) that the applicant has substantially complied with section 84 for the application; and the submission period for the application has ended; and if the relevant development is in a provisional priority development area for which the relevant development instrument is a draft provisional land use plan— the development is categorised under a relevant local categorising instrument as accepted development; or both of the following apply— the development is categorised under a relevant local categorising instrument as assessable development requiring code assessment; if the development were assessed against the assessment benchmarks applying for the development under the relevant local categorising instrument, it would comply with all the assessment benchmarks. Subject to sections 83 (4) and 84E (2) , MEDQ must decide the application within 40 business days after it is satisfied as mentioned in subsection (1) . However, a failure to comply with subsection (2) does not prevent MEDQ from deciding the application. MEDQ must decide to— grant all or part of the PDA development approval applied for; or grant all or part of the PDA development approval applied for subject to conditions decided by MEDQ (each a PDA development condition ); or refuse to grant a PDA development approval. To remove any doubt, it is declared that— MEDQ may give a PDA preliminary approval even though the applicant sought a PDA development permit; and if MEDQ approves only part of an application, the balance of the application is taken to have been refused. In this section— relevant local categorising instrument , in relation to relevant development in a provisional priority development area, means a local categorising instrument within the meaning of the Planning Act that applies for the area to which the application relates. s 85 amd 2019 No. 11 ss 55 , 89 (sec.85-ssec.1) MEDQ can not decide the application unless MEDQ is satisfied— if an information request has been made in relation to the application—the applicant has been given a notice under section 83B in relation to the request; and if section 84 applies for the application—MEDQ has decided under section 84C (2) or 84D (2) that the applicant has substantially complied with section 84 for the application; and the submission period for the application has ended; and if the relevant development is in a provisional priority development area for which the relevant development instrument is a draft provisional land use plan— the development is categorised under a relevant local categorising instrument as accepted development; or both of the following apply— the development is categorised under a relevant local categorising instrument as assessable development requiring code assessment; if the development were assessed against the assessment benchmarks applying for the development under the relevant local categorising instrument, it would comply with all the assessment benchmarks. (sec.85-ssec.2) Subject to sections 83 (4) and 84E (2) , MEDQ must decide the application within 40 business days after it is satisfied as mentioned in subsection (1) . (sec.85-ssec.3) However, a failure to comply with subsection (2) does not prevent MEDQ from deciding the application. (sec.85-ssec.4) MEDQ must decide to— grant all or part of the PDA development approval applied for; or grant all or part of the PDA development approval applied for subject to conditions decided by MEDQ (each a PDA development condition ); or refuse to grant a PDA development approval. (sec.85-ssec.5) To remove any doubt, it is declared that— MEDQ may give a PDA preliminary approval even though the applicant sought a PDA development permit; and if MEDQ approves only part of an application, the balance of the application is taken to have been refused. (sec.85-ssec.6) In this section— relevant local categorising instrument , in relation to relevant development in a provisional priority development area, means a local categorising instrument within the meaning of the Planning Act that applies for the area to which the application relates.