Planning and Environment Court Act 2016
sec.47Appeal decision
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sec.47 Appeal decision
In deciding a Planning Act appeal, the P&E Court must decide to do 1 of the following (the appeal decision ) for the decision appealed against— confirm it; change it; set it aside and— make a decision replacing it; or return the matter to the entity that made the decision appealed against with directions the P&E Court considers appropriate. The appeal decision may also include other orders, declarations or directions the P&E Court considers appropriate. The appeal decision (other than one to confirm the decision appealed against or to set it aside and return the matter) is taken, for the Planning Act (other than chapter 6 ), to have been made by the entity that made the decision appealed against. (sec.47-ssec.1) In deciding a Planning Act appeal, the P&E Court must decide to do 1 of the following (the appeal decision ) for the decision appealed against— confirm it; change it; set it aside and— make a decision replacing it; or return the matter to the entity that made the decision appealed against with directions the P&E Court considers appropriate. (sec.47-ssec.2) The appeal decision may also include other orders, declarations or directions the P&E Court considers appropriate. (sec.47-ssec.3) The appeal decision (other than one to confirm the decision appealed against or to set it aside and return the matter) is taken, for the Planning Act (other than chapter 6 ), to have been made by the entity that made the decision appealed against.
- (a) confirm it;
- (b) change it;
- (c) set it aside and— (i) make a decision replacing it; or (ii) return the matter to the entity that made the decision appealed against with directions the P&E Court considers appropriate.
- (i) make a decision replacing it; or
- (ii) return the matter to the entity that made the decision appealed against with directions the P&E Court considers appropriate.
- (i) make a decision replacing it; or
- (ii) return the matter to the entity that made the decision appealed against with directions the P&E Court considers appropriate.