Attachment 9 - Previous Vegetation Clearing approval · MCU18/0015

NRW — Decision Notice 2007/008064

that the application did not meet the performance requirements of the
relevant assessment code. This appeal may only be made to the Building
and Development Tribunal.

However, no appeal may be made to the Building and Development Tribunal
ualess the applicant has first made representations about the matter to the
assessment manager, in accordance with the provisions of section 3.5.17 of
the Integrated Planning Act 1997 (IPA).

Representations are made by writing to the assessment manager stating the
grounds for seeking a review of the original decision. These representations
must be received during the applicant’s appeal period.

For ongoing applications, the appeal period is 20 business days after the
applicant is given a decision notice, This appeal period can also be
suspended for up to 20 days to allow more time to make the representations.
‘To suspend the appeal period, the applicant must pive the assessment
manager a written notice before the appeal period expires.

' Applicants who may wish to appeal a decision to the Building and
Development Tribunal should obtain the guide to making apneals from
Natural Resources, Mines and Water.

The following provisions of the IPA and the VMA are applicable.

Integrated Planning Act 1997
Chapter 3, Part 5, Division Representations about conditions and other matters

3.5.17 Changing conditions and other matters during the applicant's appeal

period

(1) This section applies if the applicant makes representations to the assessment
manager about a matter stated in the decision notice, other than a refusal or a
matter about which 2 concurrence agency told the assessment manager under
section 3.3.18(1).

(2) If the assessment manager agrees with any of the representations, the
assessment manager must give a new decision notice (the “negotiated
decision notice”) to—

(a) the applicant; and

(b) each principal submitter; and

(c) each referral agency; and

(d) if the assessment manager is not the local government and the
development is in a local government area—the local government.

(3) Only ‘1 negotiated decision notice may be given,

(4) The negotiated decision notico—

(a) must be given within 5 business days after the day the a assessment
manager agrees with the representations; and

(b) must be in the same form as the decision notice previously given; and

{c) must state the nature of the changes; and

(d) replaces the decision notice previously given.

 

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