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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Current version for 1 September 2017 to date (accessed 22 September 2017 at 03:45)
Part 6 Division 11 Clause 113
113   Applications taken to be refused
(cf clause 70B of EP&A Regulation 1994)
(1)  For the purposes of section 82 (1) of the Act, a development application is taken to be refused if a consent authority has not determined the application within the deemed refusal period, being:
(a)  40 days, except in the case of development referred to in paragraph (b) or (c), or
(b)  60 days, in the case of:
(i)  designated development, or
(ii)  integrated development (other than integrated development that, pursuant to State Environmental Planning Policy No 62—Sustainable Aquaculture, is Class 1 aquaculture development), or
(iii)  development for which the concurrence of a concurrence authority is required, or
(iv)  a development application that is accompanied by a biodiversity development assessment report and that proposes a discount in the biodiversity credits required under the report to be retired, or
(c)  90 days, in the case of State significant development.
(2)  The deemed refusal period is measured from:
(a)  the date the development application is lodged with the consent authority, or
(b)  the date the Commission complies with clause 268V (3), if a review (with or without a public hearing) has been conducted by the Planning Assessment Commission into development other than development the subject of a development application to which section 97 of the Act does not apply, or part of any such development.
(3)  In the case of designated development or other advertised development for which the relevant submission period exceeds 30 days, the deemed refusal period is to be increased by that part of the submission period that exceeds 30 days, despite subclause (1).
(4)  If the relevant submission period for a development application for designated development is more than 30 days, the consent authority is to notify the applicant of the period and the effect of the extension of the period on the operation of this Division for the purposes of section 82 of the Act.
(5)  In the case of State significant development for which the relevant submission period exceeds 30 days, the deemed refusal period is to be increased by that part of the submission period that exceeds 30 days, despite subclause (1).
(6)  If the relevant submission period for a development application for State significant development is more than 30 days, the Minister is to notify the applicant of the period and the effect of the extension of the period on the operation of this Division for the purposes of section 82 of the Act.
(7)  In the case of State significant development, any day that occurs between the date of the Secretary’s request for a written response to submissions under clause 85A and the date on which that response is provided to the Secretary is not to be taken into consideration in calculating the number of days in the deemed refusal period.
Note.
 This clause does not apply in respect of a development application if section 97 of the Act does not apply to the application.