PLANNING AND DEVELOPMENT ACT 2005 - SECT 122G

PLANNING AND DEVELOPMENT ACT 2005 - SECT 122G

122G .         Applications for development pending when land removed or improvement scheme repealed

        (1)         This section applies if —

            (a)         when land is removed from an improvement scheme area by an amendment to an improvement scheme (the removed land ); or

            (b)         when an improvement scheme is repealed,

                an application for approval of development of any of the removed land or of any part of the improvement scheme area under the repealed improvement scheme made under this Act to the Commission —

            (c)         has not been determined by the Commission; or

            (d)         having been so determined, is the subject of an application to the State Administrative Tribunal for a review that has not been finalised.

        (2)         This Act continues to apply, and the Commission must continue to perform its functions, in relation to the application for approval and any application for review as if the land had not been removed or the scheme had not been repealed, as the case requires.

        (3)         This section applies irrespective of whether or not another planning scheme applies to the land after the land is removed or the improvement scheme is repealed.

        [Section 122G inserted: No. 28 of 2010 s. 11.]