18Referral to Authority of certain applications relating to discretionary planning permits

18 Referral to Authority of certain applications relating to discretionary planning permits

(1)  The Authority, by notice in writing to a planning authority to which a planning interest notice has been given under section 17(1) , may determine that an area of land, specified in the notice, is an area of development interest to the Authority.

(2)  The Authority may only specify an area of land in a notice given to a planning authority under subsection (1) if –

(a) the area of land is within the municipal area of the planning authority; and

(b) the area of land is within an area to which a planning interest notice relates; and

(c) the Authority is reasonably of the opinion that a use or development in the area of land –

(i) could affect the likelihood, severity or duration of flooding occurring in the flood-prone area; or

(ii) could be affected by flooding in the flood-prone area.

(3)  A notice under subsection (1) is to specify the requirements imposed on the planning authority under subsections (4) , (5) , (6) and (7) .

(4)  A planning authority must not determine a flood-significant planning application by –

(a) granting a discretionary permit; or

(b) amending a discretionary permit to which the application relates –

unless the planning authority has complied with the notification requirements in relation to the flood-significant planning application.

(5)  The notification requirements in relation to a flood-significant planning application are that the planning authority must, as soon as practicable, but in any case within 14 days, after the day on which notice of the application is given under section 57(3) of the Planning Act –

(a) give to the Authority a copy of the application; and