Document ID: chunk:federal_register_of_legislation:F2024C00986:reg:1:p4
Version: federal_register_of_legislation:F2024C00986
Segment Type: reg
Provision Reference: reg 1 (pt 4/35)
Character Range: 13585–16367

subject to a condition, the notice must set out the reasons for the decision.
 (5) Despite subregulation (3), if at the end of the applicable period under subregulation (4), the airport‑lessee company has not given written notice to the applicant, consent is taken to have been refused.

2.04  Considerations for grant or refusal of consent
 (1) An airport‑lessee company must not refuse consent to an application for building approval unless the proposed building activity is inconsistent with:
 (a) the final master plan for the airport (if any); or
 (b) an approved major development plan for the airport (if any); or
 (ba) in the case of Sydney West Airport:
 (i) if Part 2 of an airport plan for the airport is in force—Part 2 of the airport plan; or
 (ii) if the building activity wholly or partly occurs before the Sydney West Airport completion day, an airport plan for the airport is in force, and the proposed building activity is, or comprises part of, a development covered by Part 3 of the airport plan—Part 3 of the airport plan; or
 (c) the final environment strategy (if any), under Part 6 of the Act, for the airport; or
 (d) the airport‑lessee company's planning objectives for the airport.
Note: It is possible that a proposal that, under paragraphs (a), (b) and (ba), has no inconsistency, could, nevertheless, be found to be unsatisfactory under paragraph (c) or (d). It is also possible that a proposal that is inconsistent in a way mentioned in subregulation (l) is preserved from refusal of consent, under subregulation (2).
 (2) An airport‑lessee company must not refuse consent to an application for building approval if, to do so, would be inconsistent with an obligation of the company, relating directly or indirectly to approval of the building activity:
 (a) as lessor under a sublease to which subsection 22(2) of the Act, or subsection 26(2) of the Airports (Transitional) Act 1996, applies; or
 (b) under an interest to which subsection 22(3) of the Act, or subsection 26(3) of the Airports (Transitional) Act 1996, applies; or
 (c) in the case of the airport‑lessee company for Sydney West Airport—under a contract with the Commonwealth that relates to the airport.
 (3) In determining whether to refuse consent because a proposed building activity is inconsistent with a plan mentioned in paragraph (l)(a), (b), (ba) or (c), the airport‑lessee company must have regard to the significance of the inconsistency.
 (4) In determining whether to refuse consent because a proposed building activity is inconsistent with planning objectives for the airport, the airport‑lessee company must have regard to the significance of the inconsistency and, in particular, to:
 (a) the type, location, shape, size, height, density, design and external appearance