Planning Act 2023
425Show cause notices
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425 Show cause notices (1) This section applies if the territory planning authority intends to make a controlled activity order on its own initiative, or receives an application to make an order, under section 424 (1). (2) The territory planning authority must give written notice of its intention or the application (a show cause notice) to— (a) each person to whom the authority intends to direct the order, or to whom the order is sought to be directed; and (b) if not included in paragraph (a)—the lessee or occupier of the premises in relation to which the order is to apply. (3) A show cause notice must— (a) state that a recipient of the notice may, not later than 10 working days after the day the territory planning authority gives the notice, give the authority written reasons explaining why the order should not be made; and (b) for an order the authority intends to make by its own initiative— (i) describe the controlled activity to which the notice relates; and (ii) name each person to whom the authority intends to direct the order; and (iii) if the controlled activity is the subject of a complaint made under part 12.2—attach a copy of the complaint; and (c) for an order sought on application—be accompanied by a copy of the application. (4) A show cause notice may include any other information that the territory planning authority considers appropriate.
(5) The territory planning authority may, on application by a recipient of a show cause notice, extend the time mentioned in subsection (3) (a) if satisfied that it would be appropriate taking into account the reasons given in the application.