189Restrictions on development approval

189 Restrictions on development approval (1) A decision-maker may approve a development application for a development proposal only if the proposal is consistent with the (a) the territory plan; (b) for development relating to land described in a rural lease—any land management agreement for the land;

(c) for development in relation to which an entity has given advice under section 172—the entity’s advice; Note Advice given outside the time required by s 172 is not entity advice for the purpose of that section, but may be considered under s 186 (h). (d) for development that will affect a registered tree, remnant tree located on land outside the built-up urban area or declared site— the advice of the conservator of flora and fauna in relation to the (e) for development that is likely to have a significant adverse environmental impact on a matter protected by the Commonwealth—any advice given by the Commonwealth Minister under section 191 in relation to the matter. Note A development application cannot be approved if it is inconsistent with the territory plan (see s 52) or the National Capital Plan (see Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), s 11). (2) Subsection (1) (c) and (d) are subject to section 190 (Development approval contrary to entity advice). (3) If an entity mentioned in subsection (1) (c) suggests conditions for the approval in its advice, the suggested conditions are not entity advice for the purpose of this section. (4) Also, if an entity mentioned in subsection (1) (c) fails to give advice within the time prescribed for section 172— (a) the decision-maker may approve the development application despite or without the advice; and (b) the validity of the development approval is not affected by the entity’s failure.

(5) The decision-maker must refuse the following development applications: (a) an application for a development proposal involving affected residential premises other than a remediation development; (b) an application for a development proposal mentioned in section 105 (When EIS is required) if the finalised EIS or environmental significance opinion is not provided. (6) The decision-maker may refuse the following development applications: (a) an application in which, or in relation to which, the applicant has provided false or misleading information; Note It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4). (b) an application if the design review panel has given design advice in relation to the development proposal under section 101 and— (i) the proponent has not responded to the design advice; or (ii) the decision-maker considers the proponent’s response to the design advice unsatisfactory. affected building—see the Dangerous Substances Act 2004, section 47I. affected residential premises—see the Dangerous Substances Act 2004, section 47I. development proposal includes a development proposal as amended in accordance with any conditions of approval. registered tree—see the Urban Forest Act 2023, section 10.