52Council to decide application

52 Council to decide application

52 Council to decide application

(1) After considering an application for classification or review of classification, and any further information provided at the request of the council, the council must declare the property sector for the land and specify the effective date for the classification.

(2) The council must declare the land to be within the property sector nominated in the application unless it has reasonable grounds for believing that the land does not meet the requirements for classification within that property sector.

(3) The council must notify the applicant of its decision.

(4) If the council declares the land to be within a property sector that is not the property sector nominated by the applicant or declares an effective date for the classification that is not the date nominated by the applicant, the council must include in the notice:

(a) the reasons for the decision, and

(b) information about appeals to the Land and Environment Court (including the time limit for making an appeal).

(5) If the council has not notified the applicant of its decision within 40 days after the application is made to it, the council is taken, at the end of the 40-day period, to have declared the land to be within its existing property sector with the same effective date as it previously specified.

(6) The fee (if any) for making an application for classification or review of classification is to be refunded:

(a) if the council declares the land to be within the property sector nominated by the applicant, or

(b) if the council fails to notify the applicant of a decision within 40 days after the application is made to it.