Confirmation Notice Assessment Manager OPW24 0047.pdf

                                                                  Explanatory Note – Public Notification Procedures
                                                                          Planning Act 2016 & Development Assessment Rules



            INTRODUCTION                                                             (a) if both part 2 and part 4 are relevant to the application as a
                                                                                         result of the changed application, the day after part 3 has
            The purpose of this Explanatory Note is to provide guidance to               ended;
            applicants on the public notification requirements under Section
            53 of the Planning Act 2016 (the Act) and under the                      (b) otherwise, the day after the day notice is given under
            Development Assessment Rules (the Rules). The Act and the                    section 26.2(a) or 26.2(c).
            Rules, set out the requirements for the giving of public notice.         WHAT IS PUBLIC NOTICE
            These guidelines quote much of the material contained within             The following is extracted from Part 4 of the Rules.
            the Act and the Rules.
                                                                                     17.      Public notice requirements
            If there is doubt about a particular public notification aspect, the
            applicant should refer to the Act and the Rules or have the public       17.1. The applicant, or the assessment manager acting under
            notice procedures undertaken by a consultant who is familiar             section 53(10) of the Act, must give public notice by—
            with the public notice requirements.                                     (a) publishing a notice at least once in a newspaper circulating
            Whilst every care has been taken in preparation of this                      generally in the locality of the premises the subject of the
            explanatory note, ultimately it is the applicant's responsibility to         application; and
            ensure that the procedures are correctly followed. Council will          (b) placing notice on the premises the subject of the application
            not accept any responsibility for incorrect giving of public notice.         that must remain on the premises for the period of time up
            OVERVIEW OF PUBLIC NOTIFICATION PROCEDURES                                   to and including the stated day; and
            (PUBLIC NOTICE)                                                          (c) giving notice to the adjoining owners of all lots adjoining the
            There are three distinct tasks to be undertaken when carrying                premises the subject of the application.
            out public notice:                                                       17.2. The applicant must give notice to the assessment
            1. Publishing a notice in a local newspaper.                             manager of the intended start date of public notification.
            2. Placing a notice or notices on the premises.                          17.3. Schedule 3 prescribes the way in which public notice
            3. Giving notice to adjoining owners.                                    must be given.
            After the notification period has ended, the applicant must give         17.4. All public notice requirements under section 17.1 and
            the assessment manager notice of compliance with the public              17.2 must be undertaken within the period prescribed under
            notice requirements.                                                     section 16.
            One key aspect to note is that an application automatically              18.      Notice of compliance
            lapses if public notification does not start within 20 business          18.1. If the applicant gives public notice, it must, within 10
            days of the completion of the relevant preceding part.                   days from the day after the last day on which a submission may
            Furthermore, the application also automatically lapses if                be made, or a further period agreed between the applicant and
            applicant does not give the assessment manager the notice of             the assessment manager, give the assessment manager notice
            compliance with the public notice requirements within 10                 of compliance with the public notice requirements.
            business days from the day after the last day on which a
            submission may be made.                                                  PUBLIC NOTIFICATION PERIOD
            WHEN NOTIFICATION PART STARTS                                            Section 53 of the Act states the required public notification
                                                                                     period. The following is an extract from Section 53.
            Part 4 of the Rules states when the public notification part starts.     53(4)    The notice must state that—
            The following is an extract from Part 4.
                                                                                     (a) a person may make a submission about the application to
            16. When this part starts                                                    the assessment manager; and
            16.1. If there are no referral agencies for the application and          (b) any submission must be made by a stated day that is at
            part 3 does not apply because:                                               least—
            (a) the applicant has advised that it does not wish to receive an              (i) for an application that includes a variation request—30
                information request and it is not an application mentioned in                  business days after the notice is given; or
                section 11.3; or
                                                                                           (ii) for an application of a type prescribed by regulation—
            (b) the assessment manager states in the confirmation notice                        the period, of more than 15 business days after the
                that it does not intend to make an information request;                         notice is given, prescribed for the application; or
                public notification must start within 20 days of the day after
                the confirmation notice is given to the applicant.                         (iii) for any other application—15 business days after the
                                                                                                 notice is given.
            16.2. If—
                                                                                     53(5) However, if the development assessment rules require
            (a) the applicant has advised that it does not wish to receive an        the notice to be given in more than 1 way, the period mentioned
                information request; and                                             in subsection (4)(b) starts on the day after the day when the last
            (b) it is not an application mentioned in section 11.3; and              notice is given.
            (c) there are referral agencies;                                         Please ensure that all public notices that are published in the
                    public notification must start within 20 days after the day      newspaper, placed on the land, and given to adjoining land
                    the last referral assessment period for any referral             owners clearly state that:
                    agency has started.                                              (a) written submissions may be made electronically; and
            16.3. If sections 16.1 and 16.2 do not apply, public notification        (b) electronic submissions         are     to    be     sent     to
            must start within 20 days of the day after part 3 has ended.                 [email protected]
            16.4. For a changed application, where public notification is            (c) all submissions, including individual submitter's particulars,
            required to be undertaken again from its beginning, public                   will be published on Council's website (Online Services) and
            notification must commence within 20 days—                                   therefore will be accessible to internet search engines




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Document Set ID: 22985476
Version: 2, Version Date: 22/04/2024


[OCR of page images]
SY
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INTRODUCTION

The purpose of this Explanatory Note is to provide guidance to
applicants on the public notification requirements under Section
53 of the Planning Act 2016 (the Act) and under the
Development Assessment Rules (the Rules). The Act and the
Rules, set out the requirements for the giving of public notice.
These guidelines quote much of the material contained within
the Act and the Rules.

If there is doubt about a particular public notification aspect, the
applicant should refer to the Act and the Rules or have the public
notice procedures undertaken by a consultant who is familiar
with the public notice requirements.

Whilst every care has been taken in preparation of this
explanatory note, ultimately it is the applicant's responsibility to
ensure that the procedures are correctly followed. Council will
not accept any responsibility for incorrect giving of public notice.
OVERVIEW OF PUBLIC NOTIFICATION PROCEDURES
(PUBLIC NOTICE)

There are three distinct tasks to be undertaken when carrying
out public notice:

1. Publishing a notice in a local newspaper.
2. Placing a notice or notices on the premises.
3. Giving notice to adjoining owners.

After the notification period has ended, the applicant must give
the assessment manager notice of compliance with the public
notice requirements.

One key aspect to note is that an application automatically
lapses if public notification does not start within 20 business
days of the completion of the relevant preceding part.
Furthermore, the application also automatically lapses if
applicant does not give the assessment manager the notice of
compliance with the public notice requirements within 10
business days from the day after the last day on which a
submission may be made.

WHEN NOTIFICATION PART STARTS

Part 4 of the Rules states when the public notification part starts.
The following is an extract from Part 4.

16. When this part starts

16.1. If there are no referral agencies for the application and
part 3 does not apply because:

(a) the applicant has advised that it does not wish to receive an
information request and it is not an application mentioned in
section 11.3; or

(b) the assessment manager states in the confirmation notice
that it does not intend to make an information request;
public notification must start within 20 days of the day after
the confirmation notice is given to the applicant.

16.2. If—

(a) the applicant has advised that it does not wish to receive an
information request; and

(b) itis not an application mentioned in section 11.3; and
(c) there are referral agencies;

public notification must start within 20 days after the day
the last referral assessment period for any referral
agency has started.
16.3. If sections 16.1 and 16.2 do not apply, public notification
must start within 20 days of the day after part 3 has ended.
16.4. For a changed application, where public notification is

required to be undertaken again from its beginning, public
notification must commence within 20 days—

Document Set ID: 22985476
Version: 2, Version Date: 22/04/2024

Explanatory Note — Public Notification Procedures
Planning Act 2016 & Development Assessment Rules

(a) if both part 2 and part 4 are relevant to the application as a
result of the changed application, the day after part 3 has
ended;

(b) otherwise, the day after the day notice is given under
section 26.2(a) or 26.2(c).

WHAT IS PUBLIC NOTICE
The following is extracted from Part 4 of the Rules.
17. Public notice requirements.

17.1. The applicant, or the assessment manager acting under
section 53(10) of the Act, must give public notice by—

(a) publishing a notice at least once in a newspaper circulating
generally in the locality of the premises the subject of the
application; and

(b) placing notice on the premises the subject of the application
that must remain on the premises for the period of time up
to and including the stated day; and

(c) giving notice to the adjoining owners of all lots adjoining the
premises the subject of the application.

17.2. The applicant must give notice to the assessment
manager of the intended start date of public notification.

17.3. Schedule 3 prescribes the way in which public notice
must be given.

17.4. All public notice requirements under section 17.1 and
17.2 must be undertaken within the period prescribed under
section 16.

18. Notice of compliance

18.1. If the applicant gives public notice, it must, within 10
days from the day after the last day on which a submission may
be made, or a further period agreed between the applicant and
the assessment manager, give the assessment manager notice
of compliance with the public notice requirements.

PUBLIC NOTIFICATION PERIOD

Section 53 of the Act states the required public notification
period. The following is an extract from Section 53.

53(4) The notice must state that—

(a) a person may make a submission about the application to
the assessment manager; and

(b) any submission must be made by a stated day that is at
least—

(i) for an application that includes a variation request—30
business days after the notice is given; or

(ii) for an application of a type prescribed by regulation—
the period, of more than 15 business days after the
notice is given, prescribed for the application; or

(iii) for any other application—15 business days after the
notice is given.

53(5) However, if the development assessment rules require
the notice to be given in more than 1 way, the period mentioned
in subsection (4)(b) starts on the day after the day when the last
notice is given.
Please ensure that all public notices that are published in the
newspaper, placed on the land, and given to adjoining land
owners Clearly state that:

(a) written submissions may be made electronically; and

(b) electronic submissions are to be_ sent to
[email protected]

(c) all submissions, including individual submitter's particulars,
will be published on Council's website (Online Services) and
therefore will be accessible to internet search engines

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