Northern Territory Consolidated Acts

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PLANNING ACT - SECT 52

Consent only if development complies with planning scheme

    (1)     The Development Consent Authority must not consent to a proposed development under section 53 if:

        (a)     in its opinion, the proposed development is contrary to a planning scheme provision referred to in section 9(1)(a); or

        (b)     the proposed development is contrary to a planning scheme provision referred to in section 9(1)(b) or an interim development control order.

    (2)     The Minister must not consent to a proposed development under section 53 if the proposed development is contrary to a planning scheme provision referred to in section 9(1)(b) or an interim development control order.

    (3)     Despite subsection (1), the Development Consent Authority may consent to a proposed development under section 53 although the proposed development is contrary to a planning scheme provision referred to in section 9(1)(a), if:

        (a)     the Authority notifies the Minister in writing; and

        (b)     either:

            (i)     the Minister gives written approval to the giving of consent to the proposed development; or

            (ii)     the Minister has not, within 14 days after receipt of the notice under paragraph (a), given written approval to the giving of consent to the proposed development although the amendment is contrary to a planning scheme provision referred to in section 9(1)(a) or refused to give such written approval.



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