sec.46DDevelopment applications during stated period

### sec.46D Development applications during stated period If the material change of use of premises would, but for section 46C (1) , be assessable development, during the stated period— a person may apply for a development approval for the material change of use of premises under this chapter as if the declaration had not been made; and this Act applies in relation to the application as if the declaration had not been made. Subsection (3) applies if— a development approval is given for the application, or taken to have been given, during the stated period; and under section 72 , the development under the development approval may start during the stated period. When the development under the development approval may start under section 72 , the declaration stops having effect to the extent the declaration applies to the premises the subject of the approval. Subsections (5) and (6) apply if— the declaration stops having effect under subsection (3) in relation to the premises the subject of the development approval; and during the stated period but before the declaration stops having effect in relation to the premises, the material change of use is carried out on the premises. If the material change of use involved the start of a new use or the re-establishment of a use on the premises, the carrying out of the material change of use under the declaration does not have the effect that the use is a lawful use of the premises after the declaration stops having effect. If the material change of use involved a material increase in the intensity or scale of an existing use of the premises, the carrying out of the material change of use under the declaration does not have the effect that the use at the increased intensity or scale is a lawful use of the premises after the declaration stops having effect. s 46D ins 2024 No. 13 s 28 (sec.46D-ssec.1) If the material change of use of premises would, but for section 46C (1) , be assessable development, during the stated period— a person may apply for a development approval for the material change of use of premises under this chapter as if the declaration had not been made; and this Act applies in relation to the application as if the declaration had not been made. (sec.46D-ssec.2) Subsection (3) applies if— a development approval is given for the application, or taken to have been given, during the stated period; and under section 72 , the development under the development approval may start during the stated period. (sec.46D-ssec.3) When the development under the development approval may start under section 72 , the declaration stops having effect to the extent the declaration applies to the premises the subject of the approval. (sec.46D-ssec.4) Subsections (5) and (6) apply if— the declaration stops having effect under subsection (3) in relation to the premises the subject of the development approval; and during the stated period but before the declaration stops having effect in relation to the premises, the material change of use is carried out on the premises. (sec.46D-ssec.5) If the material change of use involved the start of a new use or the re-establishment of a use on the premises, the carrying out of the material change of use under the declaration does not have the effect that the use is a lawful use of the premises after the declaration stops having effect. (sec.46D-ssec.6) If the material change of use involved a material increase in the intensity or scale of an existing use of the premises, the carrying out of the material change of use under the declaration does not have the effect that the use at the increased intensity or scale is a lawful use of the premises after the declaration stops having effect. - (a) a person may apply for a development approval for the material change of use of premises under this chapter as if the declaration had not been made; and - (b) this Act applies in relation to the application as if the declaration had not been made. - (a) a development approval is given for the application, or taken to have been given, during the stated period; and - (b) under section 72 , the development under the development approval may start during the stated period. - (a) the declaration stops having effect under subsection (3) in relation to the premises the subject of the development approval; and - (b) during the stated period but before the declaration stops having effect in relation to the premises, the material change of use is carried out on the premises.