63Council to decide application

63 Council to decide application

63 Council to decide application

(1) After considering an application for review of a council decision under this Division, and any further information provided at the request of the council, the council must:

(a) affirm its decision, or

(b) set aside its decision.

(2) If the council sets aside its decision, it may substitute a new decision.

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

(4) If the council affirms its original decision, 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 affirmed its decision to revoke sub-classification with the same effective date as it previously specified.

(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 sets aside its original decision, or

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