sec.42KEffect of planning instrument change

sec.42K Effect of planning instrument change

On giving a notice under section 42J (4) , the planning instrument change is, for the Planning Act , taken to have been made by the relevant local government. However— the planning instrument change— does not create a superseded planning scheme under the Planning Act ; and is not an adverse planning change under that Act; and the Planning Act , section 16 (2) and (3) does not apply in relation to the planning instrument change. The Planning Act , sections 18 , 20 , 22 and 23 do not apply for making the planning instrument change. The planning instrument change takes effect at the same time as the PDA change. s 42K ins 2014 No. 40 s 8 amd 2016 No. 27 s 171 ; 2019 No. 11 s 34 (sec.42K-ssec.1) On giving a notice under section 42J (4) , the planning instrument change is, for the Planning Act , taken to have been made by the relevant local government. (sec.42K-ssec.2) However— the planning instrument change— does not create a superseded planning scheme under the Planning Act ; and is not an adverse planning change under that Act; and the Planning Act , section 16 (2) and (3) does not apply in relation to the planning instrument change. (sec.42K-ssec.3) The Planning Act , sections 18 , 20 , 22 and 23 do not apply for making the planning instrument change. (sec.42K-ssec.4) The planning instrument change takes effect at the same time as the PDA change.

• (a) the planning instrument change— (i) does not create a superseded planning scheme under the Planning Act ; and (ii) is not an adverse planning change under that Act; and
• (i) does not create a superseded planning scheme under the Planning Act ; and
• (ii) is not an adverse planning change under that Act; and
• (b) the Planning Act , section 16 (2) and (3) does not apply in relation to the planning instrument change.
• (i) does not create a superseded planning scheme under the Planning Act ; and
• (ii) is not an adverse planning change under that Act; and