130Determination of application for review

130 Determination of application for review (2) In determining an application for a review, except an application under section 113 or 115, the Tribunal must take into account the same matters as the consent authority was required to consider when making the decision under review. (3) The Tribunal must not determine an application for review of a decision to permit a proposed development specified in a concurrent application or development application except in accordance with any planning scheme applicable to the (3A) Subsection (3) does not apply in relation to a concurrent application if the amendment decision for the application will, if it takes effect,

Planning Act 1999 138 amend any planning scheme applicable to the development to enable the development proposal in the application to be carried out in accordance with the planning scheme as amended. (4) The Tribunal must, in writing, determine an application for a review of a determination of a consent authority by taking one of the following actions: (a) confirming the determination of the consent authority; (b) in respect of an application under section 114 only – revoking the determination set out in the notice served under section 30Y or 53B, substituting the determination of the Tribunal and ordering the consent authority to issue a development permit subject to any conditions the Tribunal thinks fit; (c) ordering the consent authority to issue or vary a development permit subject to any conditions the Tribunal thinks fit. (5) The Tribunal must determine an application under section 115 by ordering that: (a) all or some contribution paid or payable by the applicant is to be refunded or remitted by the local government council or service authority; or (b) no contribution paid or payable by the applicant is to be refunded or remitted by the local government council or service authority. (6) To avoid doubt, a determination of an application by the Tribunal is a review of the determination of the consent authority, local government council or service authority on its merits. (7) Also, the Tribunal may take action under subsection (4)(b) or (c) only if satisfied: (a) the consent authority manifestly failed to take into account a matter referred to in section 30P(2) or 51 (as applicable); or (b) the determination of the consent authority would result in a planning outcome manifestly contrary to a provision of a planning scheme.

Planning Act 1999 139