The Commission will not proceed to consider the request.

The requirements for owners’ consent are found in sections 37(3) and 40T(6) and former sections 33(2A) and 43D of the Act, which state that requests and applications must be:

  1. signed by the owner or owners of the land; or
  2. accompanied by the written permission of the owner or owners to the making of the request.

Section 10A of the Acts Interpretation Act 1931 provides that the term ‘must’ is generally a mandatory provision. This means that failure to provide the owner’s or owners’ consent in the correct form invalidates any request and application and will result in a decision of the planning authority to initiate and certify a request and decide an application being a nullity.

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