185Deciding development applications

185 Deciding development applications (1) The decision-maker for a development application must— (a) approve a development application; or (b) approve a development application subject to a condition under section 187; or (c) refuse a development application. Note 1 A development application to vary a lease granted as a concessional lease by surrender and regrant of the lease as a market value lease is subject to a condition (see s 308). Note 2 In some cases a condition may be required (see s 187 (1)). (2) However, the decision-maker may decide a concurrent development application only if— (a) for an application made under section 157 (Applications in anticipation of major plan amendment)—the draft major plan amendment has commenced under division 5.2.8 (Commencement and publication of major plan amendments); and (b) for an application made under section 159 (Applications for prohibited)—the minor plan amendment has commenced under section 85 (4). (3) A development application for a territory priority project must be decided by the Minister.

(4) Before the Minister decides a development application for a territory priority project, the territory planning authority must give the Minister information about whether, in its opinion, the proposal meets the requirements of this Act and the territory plan. (5) If the territory planning authority approves a development application that relates to a regulated tree or a public tree, the authority may, under this section— (a) if a tree management plan is already in force for the tree— approve an amendment of, or replacement for, the tree management plan; or (b) in any other case—approve a tree management plan for the tree. approve a development application includes partly approving the public tree—see the Urban Forest Act 2023, section 9, definition of protected tree, paragraph (a) (iii). regulated tree—see the Tree Protection Act 2005, section 10 (1).