156Applications for development approval in relation to use

156 Applications for development approval in relation to use for otherwise prohibited development (1) This section applies to a development proposal in relation to a use of land, or of a building or other structure on land, if the use is— (a) an authorised use to which section 148 (Authorised use that is not exempt) applies; and (b) a prohibited development. Note Because the use is not an exempt development, s 154 (2) does not apply. (2) A person may apply to the territory planning authority for development approval of the development proposal. (3) If an application is made under subsection (2), the use is taken not to be a prohibited development. authorised use, of land, or of a building or other structure on land— (a) means a use authorised by— (i) a lease; or (ii) section 276 (Use of land for leased purpose); or (iii) a preserved lease; and 6 months before the use if the lease is renewed within 6 months after the expiry. Lisa is the lessee of land on which she operates a service station in accordance with the lease. The territory plan is amended and it now prohibits using land to operate service stations in her area. Lisa is not affected since her existing use of the land as authorised by the lease is a type of exempt development and taken not to be prohibited (see s 147 and s 154).

However, Lisa has plans to demolish and rebuild the service station. If she does this, her use of the land is no longer exempt (see s 148). Subsection (2) allows Lisa to apply for development approval for the development proposal and s (3) provides that the use is taken not to be prohibited development.