Planning Act 2023
213End of development approvals for use
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213 End of development approvals for use (1) This section applies to the following: (a) a development approval, or part of a development approval, (i) relates only to the use of land, or a building or other structure on land, under a lease or declared unit title lease (the affected lease); and (ii) does not involve a lease variation; (b) a development approval, or part of a development approval, that relates only to the use of land under a licence or permit. (2) The development approval ends if— (a) the affected lease expires and no application is made under section 289 (Grant of further leases) for a further lease; or Note A person may apply for the grant of a further lease not later than 6 months after the expiry of the affected lease. (b) the approval is revoked under section 204; or (c) if the approval states a period for the end of the approval—the period ends; or (d) the approval is surrendered, other than for a lease variation or renewal; or (e) the affected lease is surrendered (other than under section 289 (Grant of further leases)) or terminated; or (f) for a declared unit title lease—a further lease is not granted under the Unit Titles Act 2001, section 167AA; or (g) if the approval relates to the use of land under a licence or permit—the licence or permit ends. the approval ends under s 211, s 212 or this section.
(3) To remove any doubt, a development approval relating to use does not end only because 1 or more of the following apply to the development or lease: (b) someone deals with the affected lease; under section 289 (Grant of further leases), whether the grant happens immediately after the expiry of the affected lease or otherwise; (d) for a declared unit title lease—a further lease is granted under the Unit Titles Act 2001, section 167AA. 1 the use is interrupted 2 the use is intermittent (4) The territory planning authority must tell the registrar-general about the ending of a development approval to which this section applies if— (a) the authority gave the registrar-general notice of the approval; and (b) the approval is surrendered to the authority. declared unit title lease means a lease of a unit or common property in a units plan that subdivides land under a declared land sublease.