PLANNING AND DEVELOPMENT ACT 2005 - SECT 164
PLANNING AND DEVELOPMENT ACT 2005 - SECT 164
164 . Development commenced or carried out, subsequent approval of
(1) A responsible
authority may grant its approval under a planning scheme or interim
development order for development already commenced or carried out.
(2) The Commission may
grant its approval under section 116 for development already commenced or
carried out in a planning control area.
(3) Subsections (1)
and (2) do not affect the operation of the provisions of Part 13 in respect of
development commenced or carried out before approval has been granted.
(4) Development which
was unlawfully commenced or carried out is not rendered lawful by the
occurrence of any subsequent event except the approval by the relevant
responsible authority of that development.
(5) The continuation
of development unlawfully commenced is to be taken to be lawful upon the grant
of approval for the development.
[Heading inserted: No. 30 of 2018 s. 166.]