Planning Act 2023
84What is a minor plan amendment and is consultation
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84 What is a minor plan amendment and is consultation needed? (1) Each of the following territory plan amendments is a minor plan amendment for which no consultation is needed before it is made under section 85: (a) an amendment that— (i) would not adversely affect anyone’s rights if approved; and (ii) has as its only object the correction of a formal error in the plan; (b) an amendment to change the boundary of a zone under section 87 (Rezoning—boundary changes); (c) an amendment, other than one to which subsection (2) (b) applies, in relation to a subdivision design application under section 44 (Effect of approval of subdivision design application); (d) an amendment required to bring the territory plan into line with the national capital plan; (e) an amendment to add or change a reference to a design guide;
(f) an amendment to omit something that is obsolete or redundant in the territory plan. Example—obsolete or redundant thing a provision of the territory plan that has become redundant because of the enactment of a law that applies in the Territory (2) Each of the following territory plan amendments is a minor plan amendment for which only limited consultation is needed under section 86: (a) an amendment to change the boundary of a zone under section 88 (Rezoning—development encroaching on adjoining land); (b) an amendment in relation to a subdivision design application under section 44 (Effect of approval of subdivision design application) if it incorporates an ongoing provision that was not included in the plan under section 43 (2) (Subdivision design applications); (c) an amendment to relocate a provision within the territory plan if the substance of the provision is not changed; (d) an amendment to change a provision in the territory plan that— (i) does not change the substance of the plan; and (ii) is consistent with the policy intent of the provision; and (iii) is not an amendment mentioned in subsection (1) (a); (e) an amendment in relation to a future urban area under section 89. Note An amendment to rezone land that is not in a future urban area is not a minor plan amendment.