Planning Act 2023
88Rezoning—development encroaching on adjoining land
Start here
Get a plain-English read of 88
Turn the raw legal text into a practical explanation grounded in Planning Act 2023.
88 Rezoning—development encroaching on adjoining land (1) The territory planning authority may amend the territory plan under section 85 (Making minor plan amendments) to change the boundary of a zone consistent with a development proposal under section 158 (Declaration for development encroaching on adjoining land if development prohibited) if the authority makes a declaration that the proposal satisfies the criteria in section 158 (2). Note Under s 158 and s 159, a person may apply for development approval of a development proposal that encroaches on adjoining land if the development would otherwise be prohibited on the land. However, development approval must not be given until the minor plan amendment has commenced under s 85 (see s 185 (2) (b)). (2) However, the territory planning authority must not amend the territory plan under section 85 to change the boundary of the zone if the adjoining land is a future urban area. adjoining land—see section 87 (1).