Planning and Development Act 2024

Matters other than those raised by parties

373. (1) The Commission, in determining an appeal, application, referral or request, may have regard to matters other than those raised by the parties to the appeal, application, referral or request, or by any person who has made submissions to the Commission in relation to the appeal, application, referral or request, if the matters are matters to which, by virtue of this Act, the Commission may have regard.

(2) Matters referred to in subsection (1) may include additional evidence (including expert evidence) and reports.

(3) Where the Commission considers that it is necessary or appropriate for the proper determination of an appeal, application, referral or request that submissions should be invited on any matter not raised by the parties or in submissions, it may exercise its powers under section 366 , subject to the proviso that all parties and all persons who made, and have not withdrawn, submissions, and any other person the Commission considers appropriate, are invited to make submissions on that matter.