sec.86Restrictions on granting approval

sec.86 Restrictions on granting approval

MEDQ can not grant the PDA development approval applied for if the relevant development would be inconsistent with the relevant development instrument for the relevant priority development area unless— a preliminary approval under the Planning Act is in force for the relevant land and the relevant development would be consistent with the preliminary approval; or a PDA preliminary approval is in force for the relevant land and the relevant development would be consistent with the preliminary approval; or for a priority development area other than a provisional priority development area—there is a proposed development scheme and the relevant development would be consistent with the proposed development scheme. To remove any doubt, it is declared that subsection (1) does not require MEDQ to grant the PDA development approval only because subsection (1) (a) , (b) or (c) applies. If PDA-associated development is declared for a priority development area under section 40C (1) , the development is not inconsistent with the relevant development instrument for the area only because the instrument does not identify the development or adequately provide for its assessment. In this section— proposed development scheme , for the relevant priority development area, means a proposed development scheme, or a proposed amendment of a development scheme, for the area published under section 59 , or section 59 as applied under section 67 , that has not taken effect. s 86 amd 2016 No. 17 s 108 ; 2016 No. 27 s 185 (sec.86-ssec.1) MEDQ can not grant the PDA development approval applied for if the relevant development would be inconsistent with the relevant development instrument for the relevant priority development area unless— a preliminary approval under the Planning Act is in force for the relevant land and the relevant development would be consistent with the preliminary approval; or a PDA preliminary approval is in force for the relevant land and the relevant development would be consistent with the preliminary approval; or for a priority development area other than a provisional priority development area—there is a proposed development scheme and the relevant development would be consistent with the proposed development scheme. (sec.86-ssec.2) To remove any doubt, it is declared that subsection (1) does not require MEDQ to grant the PDA development approval only because subsection (1) (a) , (b) or (c) applies. (sec.86-ssec.2A) If PDA-associated development is declared for a priority development area under section 40C (1) , the development is not inconsistent with the relevant development instrument for the area only because the instrument does not identify the development or adequately provide for its assessment. (sec.86-ssec.3) In this section— proposed development scheme , for the relevant priority development area, means a proposed development scheme, or a proposed amendment of a development scheme, for the area published under section 59 , or section 59 as applied under section 67 , that has not taken effect.