56QPlanning authority's decision

56Q Planning authority's decision

(1)  The planning authority must take into account any submissions made by the relevant regulated entity under section 56P(1) in relation to an application that is the subject of a notice under section 56O(1) , in determining whether to grant the permit, to attach conditions to it or to refuse to grant a discretionary development permit or a combined permit.

(2)  In deciding to grant the permit, the planning authority must –

(a) include any condition that a relevant regulated entity requires; and

(b) not attach a condition to a permit which conflicts with any condition included under paragraph (a) .

(3)  If a regulated entity makes a submission under section 56P(1) objecting to the grant of a discretionary development permit or combined permit, the planning authority must refuse to grant the permit.

(4)  For the purposes of this Subdivision, the planning authority is taken to have power under the Land Use Planning and Approvals Act 1993 to –

(a) impose any conditions that the regulated entity requires under section 56P(2)(b) ; or

(b) refuse to grant a permit that the regulated entity has objected to the granting of under section 56P(2)(c) .