56Council to decide application

56 Council to decide application

56 Council to decide application

(1) After considering an application for land to be declared to be vacant land, and any further information provided by the applicant, the council must either:

(a) declare the land to be vacant land, or

(b) refuse the application.

(2) The council must declare the land to be vacant land if the council is satisfied that the land satisfies the requirements for sub-classification as vacant land.

(3) The council must notify the applicant of its decision. The council must include the reasons for its decision if it refuses the application.

(4) If the council refuses the application, 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 refused the application.

(6) The fee (if any) for making an application that land be declared to be vacant land is to be refunded:

(a) if the council declares the land to be vacant land, or

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