60ZFCancellation of planning compliance certificates

60ZF Cancellation of planning compliance certificates

(1)  A planning authority may, by notice to a person to whom a planning compliance certificate was issued by the planning authority, or a planning certifier, in relation to an area of land within the municipal area of the planning authority, cancel the certificate, if the planning authority is satisfied that –

(a) the certificate was issued in error; or

(b) the issue of the certificate was not authorised under this Act.

(2)  A notice under subsection (1) to a person must inform the person of the person's rights under this Act to appeal against the decision to cancel the certificate under that subsection.

(3)  A planning authority may only cancel a planning compliance certificate issued to a person if –

(a) the planning authority has given to the person a notice in writing specifying –

(i) that the planning authority is considering cancelling the planning compliance certificate; and

(ii) the reasons why the planning authority is considering cancelling the planning compliance certificate; and

(iii) that the person may, within the period of not less than 28 days specified in the notice, make written submissions to the planning authority in relation to the proposal; and

(b) the planning authority has considered any submissions that are made by the person within the period specified in the notice in accordance with paragraph (a)(iii) and that have not been withdrawn by the person; and

(c) the period specified in the notice in accordance with paragraph (a)(iii) has expired.

(4)  A person may appeal to the Appeal Tribunal against a decision by a planning authority to cancel a planning compliance certificate.