Sch. 1 56 Person wishing to contest proceeding to lodge Sch. 1 cl. 56 grounds (Heading) inserted by No. 62/2014 (1) A person who wishes to contest a proceeding s. 41(1). under a planning enactment must lodge with the Tribunal, in accordance with the rules, a statement of the grounds on which the person intends to rely at the hearing of the proceeding. (2) Subclause (1) does not apply to a responsible authority in a proceeding— (a) for review of a decision of the authority— (i) to refuse to grant a permit; or (ii) to extend time within which any development is to be commenced or completed; or (b) in respect of the failure of the authority to grant a permit. (3) A copy of each statement lodged under subclause (1) must be served on the applicant and the responsible authority. (4) If a person fails to comply with this clause, the Tribunal must not allow the person to be heard in the proceeding unless it has obtained and considered the views of the applicant and the responsible authority on whether or not the person should be heard. Sch. 1 cl. 56(5) (5) A person who lodges a statement under subclause inserted by (1) may lodge with the statement a written notice No. 62/2014 that the person does not intend to participate in the s. 41(2). hearing of the proceeding. (6) If a person lodges a notice under subclause (5), Sch. 1 cl. 56(6) inserted by the person is not, or ceases to be, a party to the No. 62/2014 proceeding (as the case requires). s. 41(2).
Sch. 1 cl. 56 (Heading) inserted by No. 62/2014 s. 41(1). 56 Person wishing to contest proceeding to lodge grounds (1) A person who wishes to contest a proceeding under a planning enactment must lodge with the Tribunal, in accordance with the rules, a statement of the grounds on which the person intends to rely at the hearing of the proceeding. (2) Subclause (1) does not apply to a responsible authority in a proceeding— (a) for review of a decision of the authority— (i) to refuse to grant a permit; or (ii) to extend time within which any development is to be commenced or completed; or (b) in respect of the failure of the authority to grant a permit. (3) A copy of each statement lodged under subclause (1) must be served on the applicant and the responsible authority. Sch. 1 (4) If a person fails to comply with this clause, the Tribunal must not allow the person to be heard in the proceeding unless it has obtained and considered the views of the applicant and the responsible authority on whether or not the person should be heard. Sch. 1 cl. 56(5) inserted by No. 62/2014 s. 41(2). (5) A person who lodges a statement under subclause (1) may lodge with the statement a written notice that the person does not intend to participate in the hearing of the proceeding. Sch. 1 cl. 56(6) inserted by No. 62/2014 s. 41(2). (6) If a person lodges a notice under subclause (5), the person is not, or ceases to be, a party to the proceeding (as the case requires).
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