COUNCIL POLICY
PLANNING APPLICATIONS ‘ON HOLD’ POLICY
Approved By:
Doc Controller:
File:
Council
General Manager
126
Document Code:
Version:
Approved Date:
Next Review Date:
DVC-POL-038
1
16/02/2017
16/02/2019
1. PURPOSE
The purpose of this policy is to provide a transparent framework when a planning application
submitted to the Council requires additional information prior to the application being assessed.
Specifically this policy relates to those planning applications that are placed ‘on hold’ under
Section 54 of the Land Use and Planning Approvals Act 1993 for more than a 12 month period.
This policy enables the Council to maintain its current role and integrity as the local planning
authority.
2. SCOPE
This policy applies to all planning applications that are submitted to the Council and are placed
‘on hold’, pursuant to Section 54 of the Land Use Planning and Approvals Act 1993, pending the
receipt of further information from the applicant.
This policy will be reviewed at least once every 2 years, or earlier at the discretion of the General
Manager.
3. LEGISLATION
Derwent Valley Council Interim Planning Scheme 2015
Land Use and Planning Approvals Act 1993
Local Government (Building and Miscellaneous Provisions) Act 1993
Local Government (Highways) Act 1982
Local Government Act 1993
Strata Titles Act 1998
4. POLICY
4.1 Introduction
The Council is required to determine an application for a planning permit within the statutory
time periods referred to within Section 57 and Section 58 of the Land Use Planning and Approvals
Act 1993.
An application 'on hold' can exist where the Council has requested additional information from
the applicant in order to process the application. If a request is made pursuant to Section 54, the
statutory time periods referred to in Section 57 and Section 58 are stopped until the applicant
satisfies the request to the planning authority’s satisfaction.
4.2 Legislative Requirements
Section 54 of the Land Use and Planning Approvals Act 1993 states:
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COUNCIL POLICY
PLANNING APPLICATIONS ‘ON HOLD’ POLICY
Approved By:
Doc Controller:
File:
Council
General Manager
126
Document Code:
Version:
Approved Date:
Next Review Date:
DVC-POL-038
1
16/02/2017
16/02/2019
(1) A planning authority that receives an application for a permit (other than a permit referred to in
section 43A) may –
a) if the permit sought is a discretionary permit, by notice in writing served on the applicant within
the period of 21 days from the day on which it receives the application; or
b) if the permit sought is not a discretionary permit, by notice in writing served on the applicant
within the period of 14 days from the day on which it receives the application –
require the applicant to provide it with additional information before it considers the application.
(1A) If the period specified in subsection (1) includes any days on which the office of the planning
authority is closed during normal business hours in that part of the State where the land subject
to the application for a permit is situated, that period is to be extended by the number of those
days.
(2) If the planning authority requires the applicant to provide it with additional information, the
relevant period referred to in section 57(6)(b) or 58(2) does not run while the request for
information has not been answered to the satisfaction of the planning authority.
(2AA) If additional information is not provided, in accordance with a request under subsection (1),
within 2 years, or a longer period agreed to by the applicant and the planning authority, after the
request is made, the application for a permit, to which the request relates, lapses.
(2A) If the Appeals Tribunal determines that –
a) a planning authority had, in good faith, required an applicant under subsection (1) or (3) to provide
the authority with additional information; but
b) the planning authority ought to have been satisfied with the information provided to the planning
authority by the applicant before the requirement was served on the applicant –
the relevant period referred to in section 57(6)(b) or 58(2) does not run for the period beginning on the day
on which the requirement was served on the applicant and ending at the end of the day that is 7 clear days
after the day on which the determination was made by the Appeals Tribunal.
(3) The planning authority must, within 14 days from the day it receives the additional information
under subsection (1), notify the applicant if the request for information has not been answered to
its satisfaction and in that notification require the applicant to provide it with the additional
information.
4.3 Permit ‘On Hold’
A development application placed ‘on hold’ following a formal request by the Council for
additional information may remain on hold for a period of 12 months with no further action
required by the Council.
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Date Printed: 17 February 2017
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COUNCIL POLICY
PLANNING APPLICATIONS ‘ON HOLD’ POLICY
Approved By:
Doc Controller:
File:
Council
General Manager
126
Document Code:
Version:
Approved Date:
Next Review Date:
DVC-POL-038
1
16/02/2017
16/02/2019
The below table provides the action that will be taken by the Council once a development
application has been ‘on hold’ for longer than 12 months. The date the time commences is
determined by the date of the original further information request, and is not discretionary by
the Council.
Timeframe ‘on hold’
Action
Less than 1 year
No action
Between 1 – 2 years
Write to the applicants advising they have up to two years from the
date of the original Section 54 request to address the information
required, or that their application will be cancelled.
Between 2 – 2.5 years Write to the applicants offering them an additional 6 months from
expiry to provide the required information
over 2.5 years
Write to the applicants advising the application has lapsed pursuant
to Section 54 of Land Use and Planning Approvals Act 1993
The two year timeframe for providing further information under Section 54 could be advised on
the initial further information request. However, it is considered more appropriate that
applications ‘on hold’ simply be audited at least annually and for any that have been dormant for
over 6 months, the applicant is written to, asked if the proposal is still going to be pursued and
advised of the timeframes.
4.4 Fees
Fees are paid on the submission of the application. A request under Section 54 is not sent until
the application is valid (i.e. fees have been paid). After 2.5 years, the application is deemed to
have lapsed. Any fees paid on the original application will be retained by the Council, except for
the advertising fee. The amount refunded will not be indexed.
4.5 Complaints
Applicants whose applications lapse may be disgruntled. It is also expected that complaints may
be received. Any complaints must be in writing to the General Manager.
However, if the policy is adhered to, applicants would have received multiple written
notifications of Council’s position.
The provisions of Section 54 prevail, and should be relied upon in the event of any complaints
from applicants.
5. RELATED DOCUMENTS
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