198CTerritorial authority’s decision on request

1. If the territorial authority receives the request after it has determined that the requirement will not be notified, it must return the request.

2. If the territorial authority receives the request before it has determined whether the requirement will be notified, it must defer its decision on the request until after it has decided whether to notify the requirement and then apply either subsection (3) or (4).

3. If the territorial authority decides not to notify the requirement, it must return the request.

4. If the territorial authority decides to notify the requirement, it must give the requiring authority or heritage protection authority its decision on the request within 15 working days after the date of the decision on notification.

5. In any other case, the territorial authority must give the requiring authority or heritage protection authority its decision on the request within 15 working days after receiving the request.

6. Despite the discretion to grant a request under subsection (4) or (5), if regulations have been made under section 360(1)(hm),—

7. the territorial authority must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by those regulations; but
8. that obligation to grant the request does not apply if the territorial authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist.

9. No submitter has a right to be heard by the territorial authority on a request.

10. If the territorial authority returns or declines the request, it must give the requiring authority or heritage protection authority its reasons, in writing or electronically, at the same time as it gives the authority its decision.

11. If the territorial authority declines the request under subsections (4) to (5A), the requiring authority or heritage protection authority may object to the territorial authority under section 357.