sec.42Existing development application or change application

### sec.42 Existing development application or change application This section applies if, immediately before a port overlay for a priority port’s master planned area has effect— a development application had been made for premises in the master planned area; and the application was a properly made application and had not lapsed under the Planning Act ; and the application had not been decided. This section also applies if, immediately before a port overlay for a priority port’s master planned area has effect— a change application had been made under the Planning Act to change a development approval— that already approves development in the master planned area; or to approve development in the master planned area, if the approval does not already approve development in the master planned area; and the application had not lapsed under the Planning Act ; and the application had not been decided. Despite the port overlay having effect, the application must be decided under the Planning Act , and that Act continues to apply, as if the port overlay were not in effect. s 42 amd 2016 No. 27 s 555E (sec.42-ssec.1) This section applies if, immediately before a port overlay for a priority port’s master planned area has effect— a development application had been made for premises in the master planned area; and the application was a properly made application and had not lapsed under the Planning Act ; and the application had not been decided. (sec.42-ssec.2) This section also applies if, immediately before a port overlay for a priority port’s master planned area has effect— a change application had been made under the Planning Act to change a development approval— that already approves development in the master planned area; or to approve development in the master planned area, if the approval does not already approve development in the master planned area; and the application had not lapsed under the Planning Act ; and the application had not been decided. (sec.42-ssec.3) Despite the port overlay having effect, the application must be decided under the Planning Act , and that Act continues to apply, as if the port overlay were not in effect. - (a) a development application had been made for premises in the master planned area; and - (b) the application was a properly made application and had not lapsed under the Planning Act ; and - (c) the application had not been decided. - (a) a change application had been made under the Planning Act to change a development approval— (i) that already approves development in the master planned area; or (ii) to approve development in the master planned area, if the approval does not already approve development in the master planned area; and - (i) that already approves development in the master planned area; or - (ii) to approve development in the master planned area, if the approval does not already approve development in the master planned area; and - (b) the application had not lapsed under the Planning Act ; and - (c) the application had not been decided. - (i) that already approves development in the master planned area; or - (ii) to approve development in the master planned area, if the approval does not already approve development in the master planned area; and