Planning Act 2023
157Applications in anticipation of major plan amendment
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157 Applications in anticipation of major plan amendment (1) This section applies if the territory planning authority has— (a) prepared a draft major plan amendment in accordance with section 60; and (b) given the draft major plan amendment to the Minister for approval under section 67. (2) A person may apply for approval of a relevant development proposal after the day the draft amendment is given to the Minister as if the draft amendment were in force. (3) The development application must— (a) identify the draft amendment; and (b) state that the application is made as if the draft amendment were in force. (4) Despite section 52 (Effect of territory plan)— (a) chapter 6 (Significant development), this chapter and chapter 10 (Leases and licences) apply to the development application as if the draft amendment were in force; and (b) the territory planning authority must assess the application as if the draft amendment were in force; and (c) the territory planning authority must, in publicly notifying the development application under division 7.5.4 (Public notification of development applications)— (i) identify the draft amendment; and
(ii) state that the application is made in accordance with the relevant development proposal, in relation to a draft major plan amendment, means a development proposal for a prohibited development that would not be prohibited if the draft amendment were in force. Note A development application made under this section may be decided only if the draft plan amendment has commenced under s 80 or s 81 (see s 185 (2) (a)).