Development Applications

1423 The Hon. A. PICCOLO (Light) (24 September 2019). Are you concerned that development authorities may reject development applications subject to 'deemed planning consent' and time limits on applications, prior to a thorough assessment taking place, in order to avoid a potentially undesirable development being approved, and on the grounds of insufficient information having been provided by the applicant?

The Hon. S.K. KNOLL (Schubert—Minister for Transport, Infrastructure and Local Government, Minister for Planning): I have been advised the following—

Section 125 of the Planning, Development and Infrastructure Act 2016 (PDI Act), allows for an applicant to serve a deemed consent notice in cases where the authority has not determined an application within the prescribed period. This process provides applicants with a course of action where an authority has not processed a development application in accordance with the requirements under the PDI Act and Regulations.

While it is not our role to predict the actions of relevant authorities, it is important to note if an authority were to refuse an application simply based on risk of a possible deemed consent, the authority will be compelled to justify their decision against the policy set out in the code before the Environment, Resources and Development Court, in the case of applicant appeal.

If insufficient information has been provided for a performance assessed application, the authority has the opportunity to request additional information, which would pause the assessment clock until the requested information is provided. As such, there is no risk of a deemed consent notice being served during this hold period.'