47Planning approval

47 Planning approval

47 Planning approval

(1) A planning authority must not grant planning approval to a relevant application unless the proposed development contract complies with this Part.

(2) The granting of planning approval may be, but need not be, subject to a condition requiring the community parcel, precinct parcel or neighbourhood parcel to be developed in accordance with the development contract.

(3) The condition has effect—

(a) for a development consent under Part 4 of the Environmental Planning and Assessment Act 1979—as a condition of the development consent authorised by, and imposed under, section 4.17 of that Act, or

(b) for an approval under Division 5.2 of that Act—as a condition of the approval.

(4) A planning authority that grants planning approval for a relevant application—

(a) must certify on the development contract that—

(i) planning approval has been granted to the development proposed by the instruments, plans and drawings that comprise the development contract, and

(ii) the instruments, plans and drawings are not inconsistent with the planning approval, and

(b) must provide the applicant with a copy of the development contract bearing the certificate.

(5) In this section—

relevant application means an application for planning approval for development in accordance with a proposed scheme plan accompanied by a proposed development contract.