PLANNING ACT 2016 - SECT 46D
Development applications during stated period
PLANNING ACT 2016 - SECT 46D
Development applications during stated period
46D Development applications during stated period
(1) If the material change of use of premises would, but for section 46C(1) ,
be assessable development, during the stated period—
(a) a person may apply
for a development approval for the material change of use of premises under
this chapter as if the declaration had not been made; and
(b) this Act
applies in relation to the application as if the declaration had not been
made.
(2) Subsection (3) applies if—
(a) a development approval is given
for the application, or taken to have been given, during the stated period;
and
(3) When the development under the
development approval may start under section 72, the declaration stops having
effect to the extent the declaration applies to the premises the subject of
the approval.
(4) Subsections (5) and (6) apply if—
(a) the declaration
stops having effect under subsection (3) in relation to the premises the
subject of the development approval; and
(b) during the stated period but
before the declaration stops having effect in relation to the premises, the
material change of use is carried out on the premises.
(5) If the material
change of use involved the start of a new use or the re-establishment of a use
on the premises, the carrying out of the material change of use under the
declaration does not have the effect that the use is a lawful use of the
premises after the declaration stops having effect.
(6) If the material
change of use involved a material increase in the intensity or scale of an
existing use of the premises, the carrying out of the material change of use
under the declaration does not have the effect that the use at the increased
intensity or scale is a lawful use of the premises after the declaration stops
having effect.
