sec.367Validation of particular development and uses

### sec.367 Validation of particular development and uses This section applies if— before the commencement, development in relation to infrastructure under a designation was carried out on premises; and when the development was carried out, a development control plan applied to the premises. It is declared that the carrying out of the development, and any use of the premises that is a natural and ordinary consequence of the development, is taken to be, and to have always been, as valid and lawful as it would be or would have been if— a process in the development control plan for making and approving plans, however called, with which development must comply had been complied with in relation to the development; and the development had complied with the plans in the way stated in the development control plan. Subsection (2) applies despite— section 316(2); and the old Act, section 857(5); and the repealed Integrated Planning Act 1997 , section 6 .1.45A(2); and the development control plan. Subsection (5) applies if the development was carried out under a development approval on premises in— a community residential designation or an open space designation; or a town centre designation; or a conservation designation or a regional transport corridor designation. Despite section 275ZB, it is declared that the carrying out of the development, and any use of the premises that is a natural and ordinary consequence of the development, is taken to be, and to have always been, as valid and lawful as it would be or would have been had the development complied with— for development on premises in a community residential designation or an open space designation—section 275ZB(1); or for development on premises in a town centre designation—section 275ZB(2); or for development on premises in a conservation designation or a regional transport corridor designation—section 275ZB(3). In this section— community residential designation see section 275T. conservation designation see section 275T. designation includes a designation of land for community infrastructure under the old Act or the repealed Integrated Planning Act 1997 . open space designation see section 275T. regional transport corridor designation see section 275T. town centre designation see section 275T. s 367 ins 2025 No. 14 s 85F (sec.367-ssec.1) This section applies if— before the commencement, development in relation to infrastructure under a designation was carried out on premises; and when the development was carried out, a development control plan applied to the premises. (sec.367-ssec.2) It is declared that the carrying out of the development, and any use of the premises that is a natural and ordinary consequence of the development, is taken to be, and to have always been, as valid and lawful as it would be or would have been if— a process in the development control plan for making and approving plans, however called, with which development must comply had been complied with in relation to the development; and the development had complied with the plans in the way stated in the development control plan. (sec.367-ssec.3) Subsection (2) applies despite— section 316(2); and the old Act, section 857(5); and the repealed Integrated Planning Act 1997 , section 6 .1.45A(2); and the development control plan. (sec.367-ssec.4) Subsection (5) applies if the development was carried out under a development approval on premises in— a community residential designation or an open space designation; or a town centre designation; or a conservation designation or a regional transport corridor designation. (sec.367-ssec.5) Despite section 275ZB, it is declared that the carrying out of the development, and any use of the premises that is a natural and ordinary consequence of the development, is taken to be, and to have always been, as valid and lawful as it would be or would have been had the development complied with— for development on premises in a community residential designation or an open space designation—section 275ZB(1); or for development on premises in a town centre designation—section 275ZB(2); or for development on premises in a conservation designation or a regional transport corridor designation—section 275ZB(3). (sec.367-ssec.6) In this section— community residential designation see section 275T. conservation designation see section 275T. designation includes a designation of land for community infrastructure under the old Act or the repealed Integrated Planning Act 1997 . open space designation see section 275T. regional transport corridor designation see section 275T. town centre designation see section 275T. - (a) before the commencement, development in relation to infrastructure under a designation was carried out on premises; and - (b) when the development was carried out, a development control plan applied to the premises. - (a) a process in the development control plan for making and approving plans, however called, with which development must comply had been complied with in relation to the development; and - (b) the development had complied with the plans in the way stated in the development control plan. - (a) section 316(2); and - (b) the old Act, section 857(5); and - (c) the repealed Integrated Planning Act 1997 , section 6 .1.45A(2); and - (d) the development control plan. - (a) a community residential designation or an open space designation; or - (b) a town centre designation; or - (c) a conservation designation or a regional transport corridor designation. - (a) for development on premises in a community residential designation or an open space designation—section 275ZB(1); or - (b) for development on premises in a town centre designation—section 275ZB(2); or - (c) for development on premises in a conservation designation or a regional transport corridor designation—section 275ZB(3).