59Failure to determine an application for a permit

59 Failure to determine an application for a permit

(1)  [Section 59 Subsection (1) amended by No. 51 of 2013, s. 7, Applied:01 Mar 2014] The failure of a planning authority to determine an application for a permit to which section 57 or 58 applies before the expiration of the period, or, where applicable, the further period, referred to in section 57(6)(b)(i) or (ii) or 58 (2) is deemed to constitute a decision to grant a permit on conditions to be determined by the Appeal Tribunal.

(2)  [Section 59 Subsection (2) amended by No. 51 of 2013, s. 7, Applied:01 Mar 2014] [Section 59 Subsection (2) amended by No. 51 of 2013, s. 7, Applied:01 Mar 2014] Where the failure of a planning authority to determine an application for a permit to which section 57 or 58 applies is deemed to constitute a decision to grant a permit on conditions to be determined by the Appeal Tribunal, the planning authority must, within 7 days of the expiration of the period, or, where applicable, the further period, referred to in section 57(6)(b)(i) or (ii) or 58 (2) , serve notice–

(a) on the applicant; and

(ab) [Section 59 Subsection (2) amended by No. 51 of 2013, s. 7, Applied:01 Mar 2014] if the Heritage Council has notified the planning authority under section 36(3)(b) of the Historic Cultural Heritage Act 1995 that it wishes to be involved in the determination of the application, on the Heritage Council; and

(b) on any person who made representations under section 57 (5) –

that the permit has been deemed to have been granted on conditions to be determined by the Appeal Tribunal.