Record the ways a development application may be determined
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the determination the lawyer is considering, list the statutory ways and leave the choice blank: grant consent unconditionally; grant consent subject to conditions; or refuse consent. Record, without deciding it, that an application for subdivision of land must be refused if the subdivision would contravene the Act, an environmental planning instrument or the regulations. If the lawyer has marked a deferred-commencement condition, record that the consent is not to operate until the applicant satisfies the consent authority, in accordance with the regulations, as to the matter specified, and that nothing in the Act prevents doing what is necessary to comply with the condition. Record that consent may be for the whole development, for the development except a specified part or aspect, or for a specified part or aspect, and that a part not initially granted need not be refused and may be granted later. Do not choose the determination. Do not count any day.
- What the lawyer must review
- The lawyer makes the determination. Section 4.16(1) of the Environmental Planning and Assessment Act 1979 (NSW) states the two grant forms and refusal. Subsection (2) requires refusal of a subdivision application that would contravene the Act, an instrument or the regulations. Subsection (3) is deferred commencement. The regulations it refers to were not opened. Subsections (4) and (5) are partial consent. The note points to Division 4.4 for concept development applications. That Division was not opened. The opened text has no subsection (8). Subsections (6) and (7) stop a determination until an Independent Planning Commission review requested by the Minister has been conducted and its findings considered. Use those only where the lawyer has marked such a request. Subsection (9) stops determination of designated development until after the submission period within the meaning of Schedule 1, or, if a submission is made in that period, until after 21 days following the date a copy is forwarded to the Planning Secretary. Schedule 1 was not opened, so the submission period is not defined and the 21 days are not counted. Subsection (10) states who is outside subsection (9)(b). Subsection (11) allows regulations to specify other procedural matters. Those regulations were not opened. Subsection (12) says an issued construction certificate and its approved plans and specifications, with variations effected in accordance with the Act or regulations, are taken to form part of the consent, other than for the purposes of section 4.55. Section 4.55 was not opened. Lapsing of a deferred-commencement consent is a separate task.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the determination the lawyer is considering, list the statutory ways and leave the choice blank: grant consent unconditionally; grant consent subject to conditions; or refuse consent. Record, without deciding it, that an application for subdivision of land must be refused if the subdivision would contravene the Act, an environmental planning instrument or the regulations. If the lawyer has marked a deferred-commencement condition, record that the consent is not to operate until the applicant satisfies the consent authority, in accordance with the regulations, as to the matter specified, and that nothing in the Act prevents doing what is necessary to comply with the condition. Record that consent may be for the whole development, for the development except a specified part or aspect, or for a specified part or aspect, and that a part not initially granted need not be refused and may be granted later. Do not choose the determination. Do not count any day. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Do not choose grant or refusal.
- Do not decide that a subdivision would contravene an instrument.
- Do not define the submission period, and do not count the 21 days.
- Do not apply section 4.55. It was not opened.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.