Economic Development Act 2012
sec.221Existing SPA development application made before priority development area declared
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sec.221 Existing SPA development application made before priority development area declared
This section applies if, immediately before the declaration of an area as a priority development area— an existing SPA development application had been made for land in the area; and the application was a properly made application under the repealed Planning Act and had not lapsed under that repealed Act; and the application had not been decided. Former section 44(2) continues to apply in relation to the application as if the amending Act had not been enacted. If a development approval is given under the repealed Planning Act for the application, the carrying out of development, or use of land, under the approval is not a PDA development offence. In this section— existing SPA development application means a development application made under the repealed Planning Act , to which the Planning Act , section 288 applies. repealed Planning Act means the repealed Sustainable Planning Act 2009 . s 221 ins 2016 No. 27 s 200 (sec.221-ssec.1) This section applies if, immediately before the declaration of an area as a priority development area— an existing SPA development application had been made for land in the area; and the application was a properly made application under the repealed Planning Act and had not lapsed under that repealed Act; and the application had not been decided. (sec.221-ssec.2) Former section 44(2) continues to apply in relation to the application as if the amending Act had not been enacted. (sec.221-ssec.3) If a development approval is given under the repealed Planning Act for the application, the carrying out of development, or use of land, under the approval is not a PDA development offence. (sec.221-ssec.4) In this section— existing SPA development application means a development application made under the repealed Planning Act , to which the Planning Act , section 288 applies. repealed Planning Act means the repealed Sustainable Planning Act 2009 .
- (a) an existing SPA development application had been made for land in the area; and
- (b) the application was a properly made application under the repealed Planning Act and had not lapsed under that repealed Act; and
- (c) the application had not been decided.