Part 10Development assessment and approval—related provisions

Part 10—Development assessment and approval—related provisions Division 1—General principles 132—Law governing proceedings under this Act (a1) This section applies subject to the regulations. (1) If an application is made for a development authorisation under this Act, the law to be applied in deciding the application and the law to be applied in resolving any issues arising from the decision in any proceedings (whether brought under this Act or not) is the law (including legislative instruments) in force as at the time the application was made. (2) The provisions of the Planning Rules that are relevant to the consideration of an application for a planning consent and to the resolution of issues arising in subsequent proceedings based on that application (whether brought under this Act or not) are the provisions of the Planning Rules as in force at the time the application was made. (3) The provisions of the Building Rules that are relevant to the consideration of an application for a building consent and to the resolution of issues arising in subsequent proceedings based on that application (whether brought under this Act or not) are the provisions of the Building Rules as in force at the time the application was made. (4) If a place that is the subject of an application for development authorisation under this Act becomes a State heritage place within the meaning of this Act, the place will be taken to have been a State heritage place for the purposes of this section at the time the application was made. (5) If a place that is the subject of an application for development authorisation under this Act becomes subject to an order under the Heritage Places Act 1993 that requires a person to stop any work or activity, or prohibits any work or activity, the order will be taken to have been in force for the purposes of this section at the time the application was made. 133—Saving provisions (1) A development for which development authorisation has been granted may be undertaken and completed in accordance with that authorisation notwithstanding an amendment to the Planning and Design Code or the Building Rules that takes effect after the date on which the application for the development authorisation was made (insofar as the application relates to an assessment in respect of the Planning and Design Code or Building Rules). (2) An activity that becomes a development by virtue of an amendment to this Act, but was lawfully commenced within 3 years before the amendment took effect, may be continued and completed, without any development authorisation, within 3 years after the date on which the amendment took effect. (3) A relevant authority may, in order to avoid or reduce hardship, extend the limitation period referred to in subsection (2). (4) A reference in this section to an amendment to this Act extends to the making of a regulation declaring an activity to constitute development and the variation of such a regulation. (5) In this section— activity means an act or activity. Division 2—Buildings 134—Requirement to up‑grade (a) an application for a building consent relates to— (i) building work in the nature of an alteration to a building constructed before the date prescribed by regulation for the purposes of this subsection; or (ii) a change of classification of a building; and (b) the building is, in the opinion of the relevant authority, unsafe, structurally unsound or in an unhealthy condition, the relevant authority may require that building work that conforms with the requirements of the Building Rules be carried out to the extent reasonably necessary to ensure that the building is safe and conforms to proper structural and health standards. (2) The relevant authority must, when imposing a requirement under subsection (1), specify (in reasonable detail) the matters under subsection (1)(b) that must, in the opinion of the relevant authority, be addressed. (3) A requirement under subsection (1)— (a) subject to paragraph (b)—may be imposed on the basis that the relevant matters must be addressed as part of the application before the relevant authority will grant building consent; and (b) in cases prescribed by the regulations—may only be imposed as a condition of the building consent that must be complied with within a prescribed period after the building work to which the application for consent relates is completed. (4) If— (a) application is made for building consent for building work in the nature of an alteration of a class prescribed by the regulations; and (b) the relevant authority is of the opinion that the affected part of the building does not comply with the performance requirements of the Building Code or a Ministerial building standard in relation to access to buildings, and facilities and services within buildings, for people with disabilities, the relevant authority may require that building work or other measures be carried out to the extent necessary to ensure that the affected part of the building will comply with those performance requirements of the Building Code or the Ministerial building standard (as the case may be). (5) A requirement under subsection (4)— (a) subject to paragraph (b)—may be imposed on the basis that the building work or other measures to achieve compliance with the relevant performance requirements must be addressed before the relevant authority will grant building consent; and (b) in cases prescribed by the regulations—may only be imposed as a condition of the building consent that must be complied with within a prescribed period after the building work to which the application for consent relates is completed. (6) The Minister may, by instrument in writing, grant an exemption from the operation of subsection (4). 135—Urgent building work (1) If building work must be performed as a matter of urgency— (a) to protect any person or building; or (b) in any other circumstance of a prescribed kind, a person may, despite any other provision of this Act (but subject to subsection (2)), perform the building work. (2) If building work is undertaken under subsection (1)— (a) the person who undertakes the work must immediately notify the relevant authority in accordance with the regulations; and (b) if the work affects a State heritage place or a local heritage place, the work must, so far as is reasonably practicable, be undertaken to conserve its heritage value; and (c) the owner of the land on which the work is carried out must, as soon as practicable after the commencement of the work and in any event within the prescribed period, apply for the appropriate development authorisation under this Act; and (d) if that development authorisation is refused, the person who undertakes the work must, subject to any direction issued by a relevant authority, within a period specified by a relevant authority, ensure that any land or building affected by the work is reinstated, so far as is practicable, to the state or condition that existed immediately before the commencement of the work.