158Declaration for development encroaching on adjoining

158 Declaration for development encroaching on adjoining land if development prohibited (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— (a) the land, building or other structure adjoins unleased land or land for which the Territory is the registered proprietor (the adjoining land); and (b) the use would encroach no further onto, over or under the adjoining land than the distance prescribed by regulation (the encroachment); and (c) the use is a prohibited development on the adjoining land. (2) A person may apply to the territory planning authority for a declaration that the development proposal satisfies the following criteria: (a) the encroachment is a minor part of the development; (b) undertaking the proposal in relation to the adjoining land would enable a more logical and appropriate development than if there were no encroachment;

(c) the proposed use of the land would— (i) not detract from the amenity of the surrounding area; and (ii) promote better land management; and (iii) not unreasonably restrict public access to other land; (d) the territory planning authority is not prohibited from granting by direct sale a lease over the encroachment. (3) The application must include— (a) if the adjoining land is unleased land—written consent by the custodian of the land to the encroachment; and (b) a copy of any written information given to the custodian, with each page— (i) signed by the custodian; and (ii) numbered by stating the page number and the total number of pages provided. (4) Not later than 10 working days after the day the person applies to the territory planning authority for a declaration under subsection (2), the authority must— (a) make the declaration; or (b) refuse to make the declaration. (5) If the territory planning authority makes the declaration— (a) the authority must publish the declaration on the authority’s website; and (b) the applicant must obtain a lease or licence over the land.