Land Use Planning and Approvals Amendment Act 2013
60ZDIssue of planning compliance certificates
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60ZD Issue of planning compliance certificates
(1) A planning authority, or planning certifier, to which an application is made under section 60ZC(1) in relation to a development and a use –
(a) must issue a planning compliance certificate specifying that –
(i) the development is a single dwelling development; and
(ii) the use is a single dwelling use –
if the planning authority or planning certifier is of the opinion that the development is a single dwelling development and the use is a single dwelling use; or
(b) must refuse to issue a planning compliance certificate in relation to the development and the use if the planning authority or planning certifier is not of the opinion that the development is a single dwelling development and the use is a single dwelling use.
(2) A planning authority, or planning certifier, to which an application is made under section 60ZC(1) in relation to a development and a use –
(a) must issue a planning compliance certificate, specifying that –
(i) the development is a low risk development; and
(ii) the use is a low risk use –
if the planning authority or planning certifier is of the opinion that the development is a low risk development and the use is a low risk use; or
(b) must refuse to issue a planning compliance certificate in relation to the development and the use if the planning authority or planning certifier is not of the opinion that the development is a low risk development and the use is a low risk use.
(3) In determining whether to issue a planning compliance certificate in relation to a development and a use, a planning authority, and a planning certifier, must take into account the prescribed matters, if any.
(4) A person who has applied to a planning authority, or a planning certifier, for the issue of a planning compliance certificate may appeal to the Appeal Tribunal against a decision by the planning authority or planning certifier to refuse to issue such a certificate.