53Notification of decision

53 Notification of decision

53 Notification of decision

(1) A concurrence authority that receives a development application from a consent authority must give written notice to the consent authority of its decision on the development application—

(a) within 40 days after receiving the development application from the consent authority, or a lesser period, if any, provided for in an environmental planning instrument, or

(b) if the development must be publicly exhibited under the Act—within 21 days after—

(i) receiving from the consent authority the submissions made during the public exhibition period, or

(ii) being notified by the consent authority that no submissions were made.

(2) If the consent authority determines a development application by refusing to grant consent before the end of the period under subsection (1)—

(a) the consent authority must notify the concurrence authority as soon as practicable after the determination, and

(b) this section ceases to apply to the development application.

(3) This section does not prevent a consent authority from considering a concurrence authority’s decision on a development application that is notified to the consent authority after the end of the relevant period under subsection (1).