OPW21 0255_Confirmation Notice

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you have any further queries in relation to the above, please do not hesitate to contact me on
the number above.

Yours faithfully




Diogo Carrico
Development Engineer




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                                                   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
                                                                        must be given.
3. Giving notice to adjoining owners.
                                                                        17.4. All public notice requirements under section 17.1 and
After the notification period has ended, the applicant must give        17.2 must be undertaken within the period prescribed under
the assessment manager notice of compliance with the public             section 16.
notice requirements.
                                                                        18.      Notice of compliance
One key aspect to note is that an application automatically
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                PUBLIC NOTIFICATION PERIOD
submission may be made.                                                 Section 53 of the Act states the required public notification
WHEN NOTIFICATION PART STARTS                                           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—
                                                                              (i) for an application that includes a variation request—30
(a) the applicant has advised that it does not wish to receive an                 business days after the notice is given; or
    information request and it is not an application mentioned in
    section 11.3; or                                                          (ii) for an application of a type prescribed by regulation—
                                                                                   the period, of more than 15 business days after the
(b) the assessment manager states in the confirmation notice                       notice is given, prescribed for the application; or
    that it does not intend to make an information request;                 (iii) for any other application—15 business days after the
    public notification must start within 20 days of the day after                notice is given.
    the confirmation notice is given to the applicant.
                                                                        53(5) However, if the development assessment rules require
16.2. If—                                                               the notice to be given in more than 1 way, the period mentioned
(a) the applicant has advised that it does not wish to receive an       in subsection (4)(b) starts on the day after the day when the last
    information request; and                                            notice is given.
(b) it is not an application mentioned in section 11.3; and             Please ensure that all public notices that are published in the
(c) there are referral agencies;                                        newspaper, placed on the land, and given to adjoining land
                                                                        owners clearly state that:
        public notification must start within 20 days after the day
        the last referral assessment period for any referral            (a) written submissions may be made electronically; and
        agency has started.                                             (b) electronic submissions         are     to    be     sent     to
16.3. If sections 16.1 and 16.2 do not apply, public notification           [email protected]
must start within 20 days of the day after part 3 has ended.            (c) all submissions, including individual submitter's particulars,
16.4. For a changed application, where public notification is               will be published on Council's website (Online Services) and
required to be undertaken again from its beginning, public                  therefore will be accessible to internet search engines
notification must commence within 20 days—




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