165Advice on development proposals

165 Advice on development proposals (1) After considering a development proposal under section 164, the territory planning authority must tell the proponent, in writing, the following in relation to the proposal: (a) whether the proposed development is likely to be exempt, assessable or prohibited development; Note A person may apply for an exemption assessment to work out whether a development is an exempt development (see s 151). (b) whether the authority considers the proposal is for a significant development and, if so, the additional processes (if any) that apply in relation to the proposal; Examples—additional process • design review panel advice • EIS • environmental significance opinion

(c) whether the authority considers the proposal will be referred to an entity under section 170 (When authority must refer development application); (d) whether public notification under division 7.5.3 (Referral of development applications) will be required for the application; (e) whether the proposed development is consistent with the existing lease applying to the land the subject of the development; (f) if the proposal relates to a variation of a nominal rent lease— (i) whether a lease variation charge is payable under division 10.7.3 (Variation of nominal rent leases) in relation to the variation; and (ii) the process for determining the charge; (g) generally, what additional information may be required. (2) The territory planning authority’s advice on a development proposal is intended to guide and assist the proponent in understanding the likely development assessment process applying to the proposal. (3) However, the territory planning authority is not bound by that advice when considering a development application made for the development proposal.