sec.106AApplication of part

### sec.106A Application of part This part applies in relation to the following applications (each a relevant application ) if the decision-maker for the application is a person other than the Minister or the chief executive— a development application, or a proposed development application, for a material change of use of premises or reconfiguring a lot; a change application, or a proposed change application, in relation to a development approval for a material change of use of premises or reconfiguring a lot. An application is a relevant application even if the application is also for, or relates to, development other than the material change of use of premises or reconfiguration. A development application that is for a material change of use of premises, as well as operational works, is a relevant application if the decision-maker for the application is a person other than the Minister or the chief executive. To remove any doubt, it is declared that this part applies in relation to a relevant application even if the application has been decided by the decision-maker. However, this part does not apply in relation to a relevant application that— has been decided by the P&E Court; or is not substantially different from an application that has been decided by the P&E Court. s 106A ins 2024 No. 13 s 74 (sec.106A-ssec.1) This part applies in relation to the following applications (each a relevant application ) if the decision-maker for the application is a person other than the Minister or the chief executive— a development application, or a proposed development application, for a material change of use of premises or reconfiguring a lot; a change application, or a proposed change application, in relation to a development approval for a material change of use of premises or reconfiguring a lot. (sec.106A-ssec.2) An application is a relevant application even if the application is also for, or relates to, development other than the material change of use of premises or reconfiguration. A development application that is for a material change of use of premises, as well as operational works, is a relevant application if the decision-maker for the application is a person other than the Minister or the chief executive. (sec.106A-ssec.3) To remove any doubt, it is declared that this part applies in relation to a relevant application even if the application has been decided by the decision-maker. (sec.106A-ssec.4) However, this part does not apply in relation to a relevant application that— has been decided by the P&E Court; or is not substantially different from an application that has been decided by the P&E Court. - (a) a development application, or a proposed development application, for a material change of use of premises or reconfiguring a lot; - (b) a change application, or a proposed change application, in relation to a development approval for a material change of use of premises or reconfiguring a lot. - (a) has been decided by the P&E Court; or - (b) is not substantially different from an application that has been decided by the P&E Court.