sec.67Notice of decision under s 62 (1)

### sec.67 Notice of decision under s 62 (1) If the chief executive makes a decision under section 62 (1) , the chief executive must give written notice of the decision to— if the decision is on a planning application that, under section 62A (2) , is taken to also be an application for a decision under section 62 (1) —the planning chief executive; or otherwise, each of the following persons— the owner of the land to which the decision relates; the occupier of the land to which the decision relates; any person who may have applied for the decision. The notice must state the following— the notice is given under this section; the reasons for the decision; if the notice is given to the planning chief executive—that the applicant for the planning application is bound by the decision because of section 70 ; if the notice is given to a person mentioned in subsection (1) (b) —that the person is bound by the decision because of section 70 ; the text of section 70 ; that there is no guarantee of the continuation of road access arrangements, as this depends on future traffic safety and efficiency circumstances. Subsection (4) applies if the decision is not a decision sought by— for a decision on a planning application mentioned in subsection (1) (a) —the applicant; or for any other decision—the person to whom the notice is given. The notice must be accompanied by an information notice for the decision. Subsections (6) to (8) apply if the decision is on a planning application mentioned in subsection (1) (a) . The notice— must be given to the planning chief executive at least 1 business day before the end of the response period for the planning application; and must then be given by the planning chief executive to the applicant when the planning chief executive gives the applicant— a referral agency’s response under the Planning Act for the planning application; or a decision notice, under the Planning Act , section 63 or 83 , for the planning application; and is taken to have been given to the applicant by the chief executive on the day the notice is given to the applicant by the planning chief executive. If a development approval, or changed development approval, is given for the planning application, the decision under section 62 (1) — starts to have effect when the approval has effect; and stops having effect if the approval lapses or is cancelled; and replaces any earlier decision made under section 62 (1) in relation to the land. If the planning application is refused, the decision under section 62 (1) does not take effect. In this section— decision-making period means— for a development application—the period allowed under the development assessment rules under the Planning Act for the assessment manager to decide the application, including any extension of that period under the rules; or for a change application—the period allowed under the development assessment rules under the Planning Act for the responsible entity to decide the application, including any extension of that period under the rules. minor change application means a change application for a minor change to a development approval, as defined in the Planning Act . referral agency’s response period , for a development application, means the period stated in the development assessment rules under the Planning Act for complying with section 56 (4) of that Act for the application, including any extension of that period under the rules. response period , for a planning application, means— if the planning application is a development application for which the planning chief executive is a referral agency—the referral agency’s response period for the application; or if the planning application is a development application for which the planning chief executive is the assessment manager or a change application other than a minor change application—the decision-making period for the application; or if the planning application is a minor change application—the period allowed under the Planning Act , section 81A (3) or (4) (b) for deciding the application, including any extension of that period under section 81A (5) of that Act. s 67 ins 2000 No. 6 s 17 amd 2009 No. 24 s 1718 ; 2010 No. 19 s 196 ; 2016 No. 27 s 563D ; 2019 No. 11 s 231 s ch 1 pt 1 (sec.67-ssec.1) If the chief executive makes a decision under section 62 (1) , the chief executive must give written notice of the decision to— if the decision is on a planning application that, under section 62A (2) , is taken to also be an application for a decision under section 62 (1) —the planning chief executive; or otherwise, each of the following persons— the owner of the land to which the decision relates; the occupier of the land to which the decision relates; any person who may have applied for the decision. (sec.67-ssec.2) The notice must state the following— the notice is given under this section; the reasons for the decision; if the notice is given to the planning chief executive—that the applicant for the planning application is bound by the decision because of section 70 ; if the notice is given to a person mentioned in subsection (1) (b) —that the person is bound by the decision because of section 70 ; the text of section 70 ; that there is no guarantee of the continuation of road access arrangements, as this depends on future traffic safety and efficiency circumstances. (sec.67-ssec.3) Subsection (4) applies if the decision is not a decision sought by— for a decision on a planning application mentioned in subsection (1) (a) —the applicant; or for any other decision—the person to whom the notice is given. (sec.67-ssec.4) The notice must be accompanied by an information notice for the decision. (sec.67-ssec.5) Subsections (6) to (8) apply if the decision is on a planning application mentioned in subsection (1) (a) . (sec.67-ssec.6) The notice— must be given to the planning chief executive at least 1 business day before the end of the response period for the planning application; and must then be given by the planning chief executive to the applicant when the planning chief executive gives the applicant— a referral agency’s response under the Planning Act for the planning application; or a decision notice, under the Planning Act , section 63 or 83 , for the planning application; and is taken to have been given to the applicant by the chief executive on the day the notice is given to the applicant by the planning chief executive. (sec.67-ssec.7) If a development approval, or changed development approval, is given for the planning application, the decision under section 62 (1) — starts to have effect when the approval has effect; and stops having effect if the approval lapses or is cancelled; and replaces any earlier decision made under section 62 (1) in relation to the land. (sec.67-ssec.8) If the planning application is refused, the decision under section 62 (1) does not take effect. (sec.67-ssec.9) In this section— decision-making period means— for a development application—the period allowed under the development assessment rules under the Planning Act for the assessment manager to decide the application, including any extension of that period under the rules; or for a change application—the period allowed under the development assessment rules under the Planning Act for the responsible entity to decide the application, including any extension of that period under the rules. minor change application means a change application for a minor change to a development approval, as defined in the Planning Act . referral agency’s response period , for a development application, means the period stated in the development assessment rules under the Planning Act for complying with section 56 (4) of that Act for the application, including any extension of that period under the rules. response period , for a planning application, means— if the planning application is a development application for which the planning chief executive is a referral agency—the referral agency’s response period for the application; or if the planning application is a development application for which the planning chief executive is the assessment manager or a change application other than a minor change application—the decision-making period for the application; or if the planning application is a minor change application—the period allowed under the Planning Act , section 81A (3) or (4) (b) for deciding the application, including any extension of that period under section 81A (5) of that Act. - (a) if the decision is on a planning application that, under section 62A (2) , is taken to also be an application for a decision under section 62 (1) —the planning chief executive; or - (b) otherwise, each of the following persons— (i) the owner of the land to which the decision relates; (ii) the occupier of the land to which the decision relates; (iii) any person who may have applied for the decision. - (i) the owner of the land to which the decision relates; - (ii) the occupier of the land to which the decision relates; - (iii) any person who may have applied for the decision. - (i) the owner of the land to which the decision relates; - (ii) the occupier of the land to which the decision relates; - (iii) any person who may have applied for the decision. - (a) the notice is given under this section; - (b) the reasons for the decision; - (c) if the notice is given to the planning chief executive—that the applicant for the planning application is bound by the decision because of section 70 ; - (d) if the notice is given to a person mentioned in subsection (1) (b) —that the person is bound by the decision because of section 70 ; - (e) the text of section 70 ; - (f) that there is no guarantee of the continuation of road access arrangements, as this depends on future traffic safety and efficiency circumstances. - (a) for a decision on a planning application mentioned in subsection (1) (a) —the applicant; or - (b) for any other decision—the person to whom the notice is given. - (a) must be given to the planning chief executive at least 1 business day before the end of the response period for the planning application; and - (b) must then be given by the planning chief executive to the applicant when the planning chief executive gives the applicant— (i) a referral agency’s response under the Planning Act for the planning application; or (ii) a decision notice, under the Planning Act , section 63 or 83 , for the planning application; and - (i) a referral agency’s response under the Planning Act for the planning application; or - (ii) a decision notice, under the Planning Act , section 63 or 83 , for the planning application; and - (c) is taken to have been given to the applicant by the chief executive on the day the notice is given to the applicant by the planning chief executive. - (i) a referral agency’s response under the Planning Act for the planning application; or - (ii) a decision notice, under the Planning Act , section 63 or 83 , for the planning application; and - (a) starts to have effect when the approval has effect; and - (b) stops having effect if the approval lapses or is cancelled; and - (c) replaces any earlier decision made under section 62 (1) in relation to the land. - (a) for a development application—the period allowed under the development assessment rules under the Planning Act for the assessment manager to decide the application, including any extension of that period under the rules; or - (b) for a change application—the period allowed under the development assessment rules under the Planning Act for the responsible entity to decide the application, including any extension of that period under the rules. - (a) if the planning application is a development application for which the planning chief executive is a referral agency—the referral agency’s response period for the application; or - (b) if the planning application is a development application for which the planning chief executive is the assessment manager or a change application other than a minor change application—the decision-making period for the application; or - (c) if the planning application is a minor change application—the period allowed under the Planning Act , section 81A (3) or (4) (b) for deciding the application, including any extension of that period under section 81A (5) of that Act.