Planning and Development Act 2024
|
Approval by Governing Board of decision-making procedures | ||
|
503. (1) The chief executive officer shall, following consultation with the Chief Planning Commissioner or Deputy Chief Planning Commissioner, as appropriate, prepare procedures (which shall be subject to this Act and any other enactment) to be followed by the Planning Commissioners (and inspectors) when performing their functions. | ||
(2) The procedures prepared under subsection (1) shall be approved by the Governing Board, with such modification as it considers appropriate, and shall not have effect until they are so approved. | ||
(3) The chief executive officer shall publish the procedures approved by the Governing Board under subsection (2) on a website maintained by or on behalf of the Commission, and shall make a copy of the procedures available for inspection at the Commission’s offices. | ||
(4) Procedures approved under subsection (2) may include any procedure the Governing Board, in consultation with the chief executive officer, Chief Planning Commissioner or Deputy Chief Planning Commissioner, considers necessary for the efficient performance by the Planning Commissioners (and inspectors) of their functions or for the effectiveness of decision-making by the Planning Commissioners. | ||
(5) Without prejudice to the generality of subsection (4), the procedures approved under subsection (2) shall, in particular, make provision for the following— | ||
(a) the process by which an appeal, application, referral or request shall be dealt with by the Commission once received, | ||
(b) the process by which appeals, applications, referrals or requests shall be assigned to particular Planning Commissioners to present to meetings of Planning Commissioners, | ||
(c) the process by which Planning Commissioners shall be assigned to particular divisions, | ||
(d) the process by which inspectors shall be assigned to report or advise on an appeal, application, referral or request, | ||
(e) the steps to be taken to ensure that any inspector assigned to report or advise on an appeal, application, referral or request acts independently of the Planning Commissioners when making any recommendation under section 376 , | ||
(f) subject to section 512 , the conduct of meetings by the Planning Commissioners, including the conduct of meetings by any means of communication by which all of the Planning Commissioners and other persons participating can hear and be heard at the same time, and | ||
(g) the recording, including where considered appropriate by electronic means, of all engagements between the Planning Commissioners and an inspector and of any decisions by the Planning Commissioners in relation to an appeal, application, referral or request. | ||
(6) Procedures approved under subsection (2) shall be reviewed by the chief executive officer in consultation with the Chief Planning Commissioner or Deputy Chief Planning Commissioner, as appropriate, at least annually. | ||
(7) The Governing Board may approve amendments to, or revocations of, procedures approved under subsection (2), and the chief executive officer shall publish the amendment, or the fact of the revocation, on a website maintained by or on behalf of the Commission and, in the case of an amendment, make a copy of the amendment available for inspection at its offices. | ||
(8) The chief executive officer shall publish, in accordance with subsection (3), the first procedures approved under subsection (2) within 6 months of the commencement of this section. |