sec.45Particular development approvals under Planning Act

sec.45 Particular development approvals under Planning Act

This section applies if— an area is declared as a priority development area; and a development approval under the Planning Act for development on premises in the area— was in effect immediately before the declaration; or is given for an application mentioned in section 44 after the declaration. Despite the declaration of the priority development area, the development approval continues in effect for carrying out the development. However, only the following applications under the Planning Act may be made to the development approval— a change application to make a minor change under that Act; a cancellation application. To remove any doubt, it is declared that, for applying subsection (3) , the Planning Act continues to apply in relation to the application as if the priority development area had not been declared. s 45 amd 2016 No. 27 s 174 sub 2024 No. 32 s 25B (sec.45-ssec.1) This section applies if— an area is declared as a priority development area; and a development approval under the Planning Act for development on premises in the area— was in effect immediately before the declaration; or is given for an application mentioned in section 44 after the declaration. (sec.45-ssec.2) Despite the declaration of the priority development area, the development approval continues in effect for carrying out the development. (sec.45-ssec.3) However, only the following applications under the Planning Act may be made to the development approval— a change application to make a minor change under that Act; a cancellation application. (sec.45-ssec.4) To remove any doubt, it is declared that, for applying subsection (3) , the Planning Act continues to apply in relation to the application as if the priority development area had not been declared.

• (a) an area is declared as a priority development area; and
• (b) a development approval under the Planning Act for development on premises in the area— (i) was in effect immediately before the declaration; or (ii) is given for an application mentioned in section 44 after the declaration.
• (i) was in effect immediately before the declaration; or
• (ii) is given for an application mentioned in section 44 after the declaration.
• (i) was in effect immediately before the declaration; or
• (ii) is given for an application mentioned in section 44 after the declaration.
• (a) a change application to make a minor change under that Act;
• (b) a cancellation application.