(1) In this section,
application means an application to a local government for a certificate,
determination or approval, as the case may be —
under section 24(2) that the local government is satisfied as to the
matters referred to in section 24(2)(a), (b) and (c) in relation to a
proposed development; and
under section 6(3) that the local government approves a resolution of a
strata company varying or removing a restriction as to use endorsed on a
registered strata/survey-strata plan under that section; and
required in the case of an application for registration of a plan of
consolidation for a strata scheme, under section 9(3)(b); and
under section 10(2) that the local government consents to the conversion
effected by a transfer of a lot or lots within a scheme into common property;
under section 19(10) that the local government approves a transfer,
mortgage or other disposition as referred to in that subsection of common
property within a scheme.
(2) A local government
to which an application is made shall cause notice of its decision on the
application to be given in writing to the applicant.
(3) A notice of
refusal by a local government to approve an application shall —
specify the grounds of refusal; and
inform the applicant of the right conferred by this section to apply for a
review of the refusal.
(4) Subject to this
section, an applicant may apply to the State Administrative Tribunal for a
review of —
refusal by a local government to approve an application; or
attachment of a condition to the approval of an application.
(5) A review is to be
in accordance with Part 14 of the Planning and Development Act 2005
, if the review is of —
refusal by a local government to approve of an application of the kind
referred to in subsection (1)(j), (k), (m), (n) and (o); or
attachment of a condition to the approval of an application of the kind
referred to in subsection (1)(j).
(6) For the purposes
of subsections (4) and (5), if a local government fails to notify its
approval of an application to the applicant within 40 days of receiving
the application, it is taken to have refused the application at the end of
(7) An application
under subsection (4) may be made within 30 days of the day on which
the applicant received notice of the refusal or attachment of a condition or
within 30 days of the expiration of the period of 40 days referred
to in subsection (6), as the case may be.
[Section 26 amended: No. 84 of 1994
s. 46; No. 58 of 1995 s. 28, 95 and 96; No. 14 of 1996
s. 4; No. 24 of 2002 s. 28(3)-(9); No. 55 of 2004 s. 1117;
No. 38 of 2005 s. 15; No. 24 of 2011 s. 174(10) and (11).]