57Applications for discretionary permits that relate to land within corridor or adjoining land

### 57 Applications for discretionary permits that relate to land within corridor or adjoining land > > (1)  If an application is made, other than by a responsible manager, for a permit for a discretionary development wholly or partly on a corridor or wholly or partly on a part, of adjoining land, that is within 50 metres of a corridor – > > > > > > (a) the relevant planning authority must, when notice of the application is given under [section 57 of the](/view/html/inforce/2026-04-12/act-1993-070#GS57@EN) [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) , refer the application to the Minister; and > > > > > > > (b) the Minister may, within the 14-day or further representation period allowed under [section 57(5) of the](/view/html/inforce/2026-04-12/act-1993-070#GS57@Gs5@EN) [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) , give the planning authority the advice on the application that the Minister thinks fit and in so doing may recommend that, if granted, the permit should be made subject to the conditions, of the kind referred to in [section 56(2)(b)](#GS56@Gs2@Hpb@EN) , recommended by the Minister in the advice. > > > (2)  If the Minister fails to give to the planning authority advice under [subsection (1)](#GS57@Gs1@EN) in relation to an application, the planning authority may determine the application without further reference to the Minister. > > > (3)  If the Minister gives to the planning authority advice under [subsection (1)](#GS57@Gs1@EN) in relation to an application – > > > > > > (a) the planning authority is to have regard to the advice in determining the application; and > > > > > > > (b) the advice is to be taken to be a representation made under [section 57(5) of the](/view/html/inforce/2026-04-12/act-1993-070#GS57@Gs5@EN) [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) in relation to the application; and > > > > > > > (c) without limiting the discretion of the planning authority if it approves the application, the planning authority may grant the permit subject to any conditions, relating to the corridor safety and use objectives, that are recommended by the Minister (with or without modification). > > > (4)  When a planning authority complies with [section 57(7) of the](/view/html/inforce/2026-04-12/act-1993-070#GS57@Gs7@EN) [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) for an application referred to in [subsection (1)](#GS57@Gs1@EN) , it must also give the Minister notice of its decision, whether or not the Minister has given it advice on the application. > > > (5)  The failure of a planning authority to comply with [subsection (1)](#GS57@Gs1@EN) in relation to an application does not invalidate a permit for the development but, in any such case, the Minister has the same right of appeal against the grant of the permit as a person who made representations in relation to the application.