Planning Act 2023

If the territory planning authority has made a declaration under section 158 in relation to a development proposal—

the applicant for the declaration may apply to the authority for development approval of the proposal; and

the use is taken not to be a prohibited development on the adjoining land.

Despite section 52 (Effect of territory plan)—

chapter 6 (Significant development), this chapter and chapter 10 (Leases and licences) apply to the application as if the territory plan were amended in accordance with section 88 (Rezoning—development encroaching on adjoining land) to change the boundary of the land consistent with a proposal under section 158; and

the authority must assess the application as if the territory plan were amended in accordance with section 88.

Note 1 A development application made under this section may be decided only if the territory plan has been amended under s 88 (see s 185 (2) (b)).

Note 2 The territory planning authority must not grant a lease over an encroachment on adjoining land by direct sale unless the territory plan has been amended under s 88 (see s 266 (1) (i)).

In this section:

adjoining land—see section 158 (1) (a).

encroachment—see section 158 (1) (b).

Division 7.3.2 Prohibited waste facility development applications