16How is existing Category Three development dealt with?

16 How is existing Category Three development dealt with?

16 How is existing Category Three development dealt with?

(1) In this clause, existing Category Three development means development classified as Category Three that could have been lawfully carried out immediately before it became so classified, including development that could have been lawfully carried out at that time because it was an existing use, as defined in section 106 of the Act.

(2) Development applications for existing Category Three development consisting of—

(a) alterations or additions to, or the rebuilding of, a building, or

(b) the expansion or intensification of existing Category Three development,

which, in the opinion of the consent authority, is of a minor nature and does not, to any significant extent, change the scale, size or degree of any building or land use, may be granted consent even if the development is not consistent with the desired future character of the locality.

(3) The provisions of clauses 14 and 15 do not apply to such applications.

Note—

In deciding whether an application for consent to additions etc is of a minor nature, the Council will have regard to any relevant matter, including the built form controls (development standards) for the locality.