PLANNING AND DEVELOPMENT ACT 2005 - SECT 122D
PLANNING AND DEVELOPMENT ACT 2005 - SECT 122D
122D . Effect of improvement scheme on other planning schemes
(1) In this section
—
start day , for an improvement scheme, means the
day on which the improvement scheme has effect under section 87(4) as applied
by section 122B(1).
(2) On the start day
for an improvement scheme, any other planning scheme that applies to land in
the improvement scheme area immediately before that day ceases to apply
—
(a) to
that land; and
(b) to
any development of that land commenced on or after that day.
(3) If, after the
start day, any land is added to an improvement scheme area by an amendment to
the improvement scheme, any other planning scheme that applies to the land
area immediately before the amendment comes into operation ceases to apply
—
(a) to
that land; and
(b) to
any development of that land commenced on or after that time.
(4) Subsections (2)
and (3) do not affect the operation of sections 122I to 122K.
(5) The
Interpretation Act 1984 section 37 applies in respect of subsections (2) and
(3) as if a planning scheme were an enactment and the subsections repealed the
scheme in so far as it applies to the land in the improvement scheme area and
development of that land.
(6) This section has
effect subject to any provision of an improvement scheme made under
section 122C(3).
[Section 122D inserted: No. 28 of 2010 s. 11;
amended: No. 34 of 2023 s. 30.]