Assessment Stage 5: Decision and conditions
Applications are generally determined by delegates of Council, such as the principal planners within each Development Services Team.
Council delegate decisions
- The assessment manager prepares a report and recommendation on a development application and submits the report to Council's delegate for determination.
- The delegate reviews the assessment report and any submissions that were lodged.
- The delegate determines the application.
- The applicant is notified of the decision.
Informing the applicant of the decision
Council notifies the applicant of the outcome of their application within five working days of the decision being made. The notification is called the 'decision notice'.
Anyone who has made a properly made submission also receives this information.
If approved, the decision notice sets out the terms of the decision, appeal rights and conditions and in the case of a refusal, the reasons for the refusal.
Negotiated decision notice
In accordance with the Planning Act 2016, the applicant has a 20 business-day appeal period. However, the applicant may suspend the appeal period to lodge a request for a negotiated decision notice.
The notice must be lodged within 20 business days of suspending the appeal period.
The written representations in the notice must state what parts of the decision notice the applicant wishes to negotiate and why (for example, a condition of development). If Council agrees with any of the representations, it must give a negotiated decision notice. If Council does not agree with any representation, it must give a notice stating the decision about the representations.
Notice about the decision
The Planning Act 2016 requires Council to publish a notice about the decision. This notice is required to be published on a website once either the applicant’s appeal period has finished or when an applicant lodges an appeal against the decision. The notice about the decision incorporates key information about the assessment of the application and a statement of reasons for the decision. The notice will be posted on PD Online at the appropriate time.