sec.52Appeals to the Planning and Environment Court

sec.52 Appeals to the Planning and Environment Court

This section applies to the following decisions of a local government— a decision refusing to approve a scheme; a decision approving a scheme subject to conditions; a decision refusing to approve an amendment of a scheme; a decision approving an amendment of a scheme subject to conditions; a decision refusing to approve a subsequent stage; a decision approving a subsequent stage subject to conditions; a decision refusing a provisional approval of a future development area; a decision approving a provisional approval of a future development area subject to conditions. An applicant may appeal to the Planning and Environment Court in relation to— a decision to which this section applies; and a failure of a local government to decide an application under this part within the time prescribed by this part. A person may appeal in relation to a decision mentioned in subsection (1) (g) only if— the application under division 1 that identifies the future development area has been approved; or if the application under division 1 has been refused—an appeal against this refusal accompanies the appeal in relation to the decision mentioned in subsection (1) (g) . For the purposes of subsection (2) (b) , a failure of local government to decide an application is taken to be a refusal of the local government to approve the application. If— an application under this part accompanies an application for amendment of a planning scheme; and both applications are refused by the local government; an appeal may be made in relation to the application under this part only if an appeal is also made in relation to the other application. Part 7 (Appeals) of the Local Government (Planning and Environment) Act 1990 applies to an appeal under this section with any necessary modifications. s 52 amd 1999 No. 30 s 98 sch 3 pt 1 (sec.52-ssec.1) This section applies to the following decisions of a local government— a decision refusing to approve a scheme; a decision approving a scheme subject to conditions; a decision refusing to approve an amendment of a scheme; a decision approving an amendment of a scheme subject to conditions; a decision refusing to approve a subsequent stage; a decision approving a subsequent stage subject to conditions; a decision refusing a provisional approval of a future development area; a decision approving a provisional approval of a future development area subject to conditions. (sec.52-ssec.2) An applicant may appeal to the Planning and Environment Court in relation to— a decision to which this section applies; and a failure of a local government to decide an application under this part within the time prescribed by this part. (sec.52-ssec.3) A person may appeal in relation to a decision mentioned in subsection (1) (g) only if— the application under division 1 that identifies the future development area has been approved; or if the application under division 1 has been refused—an appeal against this refusal accompanies the appeal in relation to the decision mentioned in subsection (1) (g) . (sec.52-ssec.4) For the purposes of subsection (2) (b) , a failure of local government to decide an application is taken to be a refusal of the local government to approve the application. (sec.52-ssec.5) If— an application under this part accompanies an application for amendment of a planning scheme; and both applications are refused by the local government; an appeal may be made in relation to the application under this part only if an appeal is also made in relation to the other application. (sec.52-ssec.6) Part 7 (Appeals) of the Local Government (Planning and Environment) Act 1990 applies to an appeal under this section with any necessary modifications.