sec.351Application of s 31 in relation to particular adverse planning changes

### sec.351 Application of s 31 in relation to particular adverse planning changes This section applies in relation to an adverse planning change that started to have effect for premises before the commencement if— before the commencement, a local government refused a superseded planning scheme request made under section 29(4)(a) to accept, assess and decide a development application in relation to the premises under the superseded planning scheme in effect immediately before the adverse planning change happened; and the development the subject of the superseded planning scheme request is assessable development under— the local government’s planning scheme; and the superseded planning scheme; and before the commencement, a development application for the development was refused, approved with development conditions or approved in part. New section 31 applies in relation to a person who had an interest in the premises at the time the adverse planning change started to have effect for the premises as if the 6 month period referred to in section 31(6)(b) were 6 months after the commencement. In this section— new section 31 means section 31 as in force from the commencement. s 351 ins 2020 No. 6 s 31 (sec.351-ssec.1) This section applies in relation to an adverse planning change that started to have effect for premises before the commencement if— before the commencement, a local government refused a superseded planning scheme request made under section 29(4)(a) to accept, assess and decide a development application in relation to the premises under the superseded planning scheme in effect immediately before the adverse planning change happened; and the development the subject of the superseded planning scheme request is assessable development under— the local government’s planning scheme; and the superseded planning scheme; and before the commencement, a development application for the development was refused, approved with development conditions or approved in part. (sec.351-ssec.2) New section 31 applies in relation to a person who had an interest in the premises at the time the adverse planning change started to have effect for the premises as if the 6 month period referred to in section 31(6)(b) were 6 months after the commencement. (sec.351-ssec.3) In this section— new section 31 means section 31 as in force from the commencement. - (a) before the commencement, a local government refused a superseded planning scheme request made under section 29(4)(a) to accept, assess and decide a development application in relation to the premises under the superseded planning scheme in effect immediately before the adverse planning change happened; and - (b) the development the subject of the superseded planning scheme request is assessable development under— (i) the local government’s planning scheme; and (ii) the superseded planning scheme; and - (i) the local government’s planning scheme; and - (ii) the superseded planning scheme; and - (c) before the commencement, a development application for the development was refused, approved with development conditions or approved in part. - (i) the local government’s planning scheme; and - (ii) the superseded planning scheme; and