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Planning Act 2016
sec.65Permitted development conditions—generally
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### sec.65 Permitted development conditions—generally
A development condition imposed on a development approval must—
be relevant to, but not be an unreasonable imposition on, the development or the use of premises as a consequence of the development; or
be reasonably required in relation to the development or the use of premises as a consequence of the development.
A development condition imposed on a development approval may—
limit how long—
a lawful use may continue; or
works may remain in place; or
state that development must not start until—
other development permits for development on the same premises have been given; or
other development on the same premises, including development that the development application does not cover, has been substantially started or completed; or
For when development can otherwise start, see section 72 .
require compliance with an infrastructure agreement for the premises, but only to the extent the responsibilities under the agreement attach to, and bind the owner of, the premises under section 155 (3) ; or
require development, or a part of development, to be completed within a stated period; or
require the payment of security under an agreement under section 67 to support a requirement under paragraph (d) .
See chapter 4 , parts 2 and 3 for other permitted development conditions.
In addition to development conditions under this Act, a land surrender requirement under the Coastal Act may be made in relation to particular land that is the subject of a development approval for reconfiguring a lot in a coastal management district under the Coastal Act . However, a land surrender requirement is not a development condition under this Act.
s 65 amd 2019 No. 11 s 150 ; 2025 No. 14 s 14
(sec.65-ssec.1) A development condition imposed on a development approval must— be relevant to, but not be an unreasonable imposition on, the development or the use of premises as a consequence of the development; or be reasonably required in relation to the development or the use of premises as a consequence of the development.
(sec.65-ssec.2) A development condition imposed on a development approval may— limit how long— a lawful use may continue; or works may remain in place; or state that development must not start until— other development permits for development on the same premises have been given; or other development on the same premises, including development that the development application does not cover, has been substantially started or completed; or For when development can otherwise start, see section 72 . require compliance with an infrastructure agreement for the premises, but only to the extent the responsibilities under the agreement attach to, and bind the owner of, the premises under section 155 (3) ; or require development, or a part of development, to be completed within a stated period; or require the payment of security under an agreement under section 67 to support a requirement under paragraph (d) . See chapter 4 , parts 2 and 3 for other permitted development conditions. In addition to development conditions under this Act, a land surrender requirement under the Coastal Act may be made in relation to particular land that is the subject of a development approval for reconfiguring a lot in a coastal management district under the Coastal Act . However, a land surrender requirement is not a development condition under this Act.
- (a) be relevant to, but not be an unreasonable imposition on, the development or the use of premises as a consequence of the development; or
- (b) be reasonably required in relation to the development or the use of premises as a consequence of the development.
- (a) limit how long— (i) a lawful use may continue; or (ii) works may remain in place; or
- (i) a lawful use may continue; or
- (ii) works may remain in place; or
- (b) state that development must not start until— (i) other development permits for development on the same premises have been given; or (ii) other development on the same premises, including development that the development application does not cover, has been substantially started or completed; or Note— For when development can otherwise start, see section 72 .
- (i) other development permits for development on the same premises have been given; or
- (ii) other development on the same premises, including development that the development application does not cover, has been substantially started or completed; or
- (c) require compliance with an infrastructure agreement for the premises, but only to the extent the responsibilities under the agreement attach to, and bind the owner of, the premises under section 155 (3) ; or
- (d) require development, or a part of development, to be completed within a stated period; or
- (e) require the payment of security under an agreement under section 67 to support a requirement under paragraph (d) .
- (i) a lawful use may continue; or
- (ii) works may remain in place; or
- (i) other development permits for development on the same premises have been given; or
- (ii) other development on the same premises, including development that the development application does not cover, has been substantially started or completed; or
- 1 See chapter 4 , parts 2 and 3 for other permitted development conditions.
- 2 In addition to development conditions under this Act, a land surrender requirement under the Coastal Act may be made in relation to particular land that is the subject of a development approval for reconfiguring a lot in a coastal management district under the Coastal Act . However, a land surrender requirement is not a development condition under this Act.