4AReporting authority must have regard to section 188A guidelines in some cases

4A Reporting authority must have regard to section 188A guidelines in some cases (1) This clause applies if— (a) a reporting authority is required by this or any other Act or by the regulations to report on, or to consent to, an application for a building permit for a single dwelling, within the meaning of section 188A(4); and (b) the regulations provide that section 188A applies to applications of that kind. (2) In reporting on, or considering whether to consent to, the application, the reporting authority— (a) must have regard to the guidelines for the time being in force under section 188A; and (b) in having regard to those guidelines, if in the opinion of the reporting authority the application may result in a nearby allotment suffering detriment, must give the owner of the allotment an opportunity to make a submission in respect of the possible detriment; and (c) must consider any submission made under paragraph (b); and (d) must refuse to give its consent to the application if the application does not comply with any matter set out in those guidelines. 5 Applicant may obtain report or consent (1) An applicant for a permit may obtain a required report or consent from a reporting authority. Sch. 2 cl. 5(1A) inserted by No. 28/2000 s. 17(4), amended by Nos 68/2001 s. 13(2)(b)(i) (ii), 66/2004 s. 20(3). (1A) If the applicant applies for a consent or report to a reporting authority, the application must be accompanied by the relevant fees (if any) fixed by the reporting authority under clause 4. (2) An applicant for a permit must notify the relevant building surveyor when the application is made as to whether the applicant has applied or intends to apply for any required report or consent by a reporting authority; (3) The relevant building surveyor need not obtain a report or consent from a reporting authority if the applicant— (a) notifies the building surveyor that the applicant has applied for or intends to apply for that report or consent; or (b) supplies the relevant building surveyor with a copy of the report made in the last 12 months or of the consent. (4) An applicant who applies for and obtains a required report or consent must supply a copy of the report or consent to the relevant building surveyor— (a) when the application for the permit is made; or (b) within any further time that is prescribed or allowed by the building surveyor.