Module 12.3

Respond to Deemed Consent Instructional Guide for:

• Relevant Authorities

Version 2.0

17 August 2020

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Table of Contents Guide Overview ...................................................................................................................... 3

Overview of the Deemed Consent Notice ............................................................................... 4

12.3.1 Receive Deemed Consent Notice ................................................................................ 5

Method 1 Notice Served Online .......................................................................................... 5

Method 2 Notice Served by Registered Post ...................................................................... 7

12.3.2 Update Conditions ..................................................................................................... 10

12.3.3 Provide the Decision Notification Form ...................................................................... 12

12.3.4 Appeal the Deemed Consent ..................................................................................... 13

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Guide Overview This Module includes Software Version 2.1.5 features and functionality. Module 1: Introduction to PlanSA

Module 2: Navigate the Planning Workflow

Module 3: Manage Online Account

Module 4: Submit a Development Application

Module 5: Track a Development Application

Module 6: Manage Team Workload

Module 7: Verify Development Application (Planning, Land Division & Building)

Module 8: Fee Payments

Module 9: Assess Consent (Planning, Land Division & Building)

Module 10: Public Notification

Module 11: Request and Respond to Referrals (Internal & External)

Module 12: Make Decision on the Assessed Consent Module 13: Variation to Development

Module 14: Issue Development Approval

Module 15: Appeals

Module 16: Issue Land Division Certificate of Approval (CoA)

Module 17: Building Notification

Module 18: Development Application Report, Section 7

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Overview of the Deemed Consent Notice

Where to look: Act: Section 125 Regulations: Regulation 54 A deemed planning consent will not be available for Impact Assessed development, Building Consent or Land Division Consent.

If a Relevant Authority does not decide an application within the time prescribed in respect of the provision of planning consent, the applicant may, before the application is decided, give the Relevant Authority a notice in the prescribed manner and form (a Deemed Consent Notice – Deemed Planning Consent Notice) that grants the planning consent.

The process for a seeking a deemed planning consent is, as follows:

• When the timeframe has not been met, the applicant may serve notice on the Relevant Authority by:

o Notice lodged through the applicants development application via the DAP system, or

o Registered post. • On receipt the Relevant Authority will be taken to have ‘granted’ the consent. • The Relevant Authority has up to 10 business days to issue its own consent with or

without conditions, which - if issued - supersedes the deemed consent. • If the Relevant Authority fails to issue its own consent, the standard conditions

specified by a practice direction will apply to the deemed consent. The Relevant Authority then has one month within which to apply to the court for an order quashing the consent. The ability for an authority to apply to the court for the consent to be quashed will guard against administrative mistakes that could lead to undesirable outcomes.

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12.3.1 Receive Deemed Consent Notice

Method 1 Notice Served Online

When the applicant serves the Deemed Consent Notice online through the DAP an email notification is received by the Relevant Authority and other relevant parties e.g. referral agency, and land owner(s).

From the Assessment dashboard search by the ID number to locate the application, and then select the ID number to open the development application.

The development application action is ‘Process Deemed Consent’ and the clock set to 10 (business days).

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Select the applicable consent from the Assessment status table.

The serving of the Deemed Consent Notice has automatically ‘Granted’ the consent.

Select the file name of the Notice of Deemed Consent document to download and then open to review on-screen.

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Method 2 Notice Served by Registered Post

When the applicant serves the Deemed Consent Notice by registered post, scan the notice to upload whilst completing the serving of the Deemed Consent Notice on-behalf of the applicant. Record the Development application number provided on the notice.

From the Assessment dashboard search by the ID number to locate the application, and then select the ‘development application record’ (not the ID) to open the applicable consent, e.g. planning consent.

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Select Related Actions screen and then the Serve Deemed Consent Notice action.

Select Upload in the Serve Deemed Consent Notice section and locate the scanned notice to open and attach.

Select Submit to complete the upload.

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On return to the Related Actions screen go to and complete 12.3.2 Update Conditions.

An email is received by the Relevant Authority, applicant, land owner(s), and referral agencies advising a Deemed Consent Notice has been served; as documented in Method 1 Notice Served Online

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12.3.2 Update Conditions

As the Relevant Authority you have 10 business days to issue a consent with or without conditions, which issues a Decision Notification Form (DNF); superseding the Deemed Consent Notice. The Decision Notification Form (DNF) is generated on completing 12.3.2 Update Conditions or if you choose to do nothing and let the 10 days lapse, then the Deemed Consent Notice becomes the DNF and distributed to the Referral Agency, Relevant Authority and separately to the Land Owner, Court or Representors. Irrespective of whether a condition is required or not, you will need to edit the conditions to perform Save and Finalise to generate the DNF and distribute to the relevant parties.

Select Conditions and Notes screen and expand Conditions to view or edit conditions.

Select Edit Conditions to add a condition or proceed without adding a condition.

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Review the Conditions and perform one of the following actions: • Update default condition wording and/or flags (e.g. Include on DNF, Clearance

Requirement) • +Add new condition • Save and Finalise after completing the above 2 actions or immediately when no

changes to the conditions are required.

Select Ok, Continue to confirm the generation of the DNF.

Returns to the Conditions and Notes and then select Documents store to print the Decision Notification Form (DNF), as required.

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12.3.3 Provide the Decision Notification Form

The Decision Notification Form (DNF) is generated on completing 12.3.2 Update Conditions or if you choose to do nothing and let the 10 days lapse, then the Deemed Consent Notice becomes the DNF and distributed to the Referral Agency, Relevant Authority and separately to the Land Owner, Court or Representors. Where the applicant and/or contact has nominated to receive communications by post (as indicated by an on-screen prompt – see image below), then complete these instructions to print the Decision Notification Form (DNF).

Select Documents store and then select the file name of the Decision Notification Form to download and the open on-screen to print.

Select the document type (not the file name) to view the document details and to record the Date Distributed and then Update Documents to save the change.

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12.3.4 Appeal the Deemed Consent

If the relevant application for planning consent should have been refused then apply to the Environment, Resources and Development Court for an order quashing the deemed planning consent. Any application to quash the deemed planning consent must be made within 22 business days from the date that deemed planning consent is taken to have been granted (e.g. 13 August 2020) unless the Court, in its discretion, allows an extension of time.

Refer to Guide 15 – Appeals on add and updating appeal matters.