427Decision on proposed controlled activity order

427 Decision on proposed controlled activity order (1) In deciding whether to make a controlled activity order, the territory planning authority must consider any reasons given in response to the show cause notice for the order. (2) The territory planning authority may direct a controlled activity order to 1 or more of the following: (a) the person to whom the authority intends to direct the order, or to whom the order is sought to be directed, according to the show cause notice; (b) if not included in paragraph (a) and the authority considers it would be more appropriate—the lessee or occupier of the premises in relation to which the order applies.

(3) If the controlled activity order is directed to the lessee or occupier under subsection (3) (b), the territory planning authority— (a) must give a new show cause notice to that person; and (b) may consider any reasons given in response to the earlier show cause notice when deciding whether to make an order directed to that person. (4) For a controlled activity order sought on application, the territory planning authority may decide— (a) to make the order; or (b) to make a different order that is not more burdensome than the order sought; or (c) not to make an order. Example—par (b) Steve applies for an order for the demolition of an unapproved structure. Instead, the authority makes an order that the structure is to be demolished if a development approval for the structure is not obtained within a stated period.