Planning Act 2023
210When development approvals take effect
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210 When development approvals take effect (1) This section applies if a decision-maker approves a development application under section 185 (Deciding development applications). (2) If the circumstances mentioned in column 2 of an item in table 210 apply to a development approval, the approval (or an approval as varied or substituted by the ACAT) takes effect on the day mentioned in column 3 of the item. Table 210 When development approvals take effect item 1 (a) no third party may make an application for ACAT decision or there are no representations about the development application; and (b) the development does not (c) the approval is not subject to approval takes effect the day after the day the approval decision is made
item 2 (a) 1 or more representations are made about the development (b) no application for ACAT decision was made within 20 working days after the day that every person who made a representation was given the notice of the decision under s 196; and (c) the development does not (d) the approval is not subject to (e) no reconsideration 21 working days after the day notice of the approval decision is given under s 196
item 3 (a) an application for ACAT decision has been made; and (b) the ACAT has— (i) confirmed or varied the approval decision; or made a substitute approval decision; or (ii) the application was dismissed or struck out; and (c) the development does not (d) the approval is not subject to approval takes effect (a) if the ACAT makes an order confirming, varying or substituting the approval decision—the day the order takes effect under the ACT Civil and Administrative Tribunal Act 2008, s 69; or (b) in any other case—the day the application is dismissed or struck out 4 (a) the development includes an activity not allowed under the lease for the land on which the development is proposed to take place; and (b) the approval is not subject to effect if the development did not include an activity not allowed under the lease; (b) the day the lease variation to allow the activity takes effect;
item 5 (a) the approval is subject to a condition that something (b) the development does not effect if it were not subject to the condition; (b) the day the condition is complied with; 6 (a) the development includes an activity not allowed under the lease for the land on which the development is proposed to take place; and (b) the approval is subject to a condition that something effect under item 4, column 3 if the development did not include an activity not allowed under the (b) the day the approval would take effect under item 5, column 3 if it were not subject to the condition;
item 7 (a) a reconsideration application has been made in relation to the approval; and (b) the territory planning (i) has made a reconsideration decision; and (ii) did not substitute the approval with a decision to refuse the development application under s 185 (1) (c) effect if the reconsideration decision were the original decision; (b) the day after the reconsideration decision is made; review of the reconsideration decision has been made—the day mentioned in item 3, application for ACAT review, of a decision, means an application for ACAT review under section 506. approval decision, in relation to a development application, means a decision to approve the application under section 185. Note Approve for s 185 includes a partial approval. Also, an application may be approved subject to conditions (see s 185 (1) (b)). reconsideration application—see section 198 (2). reconsideration decision means a decision under section 199 in relation to a reconsideration application. representation, in relation to a development application, means a representation made under section 180 about the application. third party means an entity other than the applicant for the development approval or the territory planning authority.