Not Properly Made
Have you received an 'Action Notice' stating that your application is Not Properly Made?
To ensure your application is considered, it must adhere to the requirements of Section 51 of the Planning Act 2016 (PA). Failing to meet these criteria will prevent the application from progressing through the development assessment process for a decision.
Not Properly Made Action Notice
According to Section 3.1 of the Development Assessment Rules (DA Rules), if an application is deemed not properly made, the assessment manager must provide the applicant with an action notice. This notice will specify the following:
- The application is not considered properly made.
- The actions that need to be fulfilled to meet the requirements of a properly made application.
The applicant has 20 business days (or a mutually agreed upon extension) to comply with the action notice. Once the required actions are completed, the applicant must inform the Council by providing a notice stating that the action notice has been fulfilled. If you have received an Action Notice, get in touch with one of our town planners asap so we can assist in responding to it.
The Council will review whether the action notice has been complied with and issue a Confirmation Notice if they are satisfied that the application is properly made. Failure to comply with the action notice within the given timeframe will result in the application being deemed as not submitted.