Planning Act 2023

An approval under section 185 (1)—

must include any condition required to be included by the territory plan; and

must not include a condition inconsistent with a condition required to be included by the territory plan; and

if the development application is for the subdivision of a units plan under the Unit Titles Act 2001, section 165B (Subdivision of units plan—application)—must include a condition that the units plan is cancelled; and

if a conditional environmental significance opinion has been given in relation to the development—must include a condition that the development comply with the condition in the environmental significance opinion; and

Note An application to amend a development approval must be refused if the changed development proposal would be in breach of the condition relating to the conditional environmental significance opinion (see s 206 (2) (a)).

if the application is for approval of a development on subleased land—

may include a condition that the sublessee develops unleased land in a stated way; and

must not include a condition inconsistent with the lease under which the sublease is granted; and

if the application is for approval of a development that includes works in a declared site or the protection zone of a protected tree under the Urban Forest Act 2023—must include a condition that the development comply with any of the following that apply in relation to the declared site or the tree:

a tree management plan;

a canopy contribution agreement;

a tree bond agreement;

any other agreement or undertaking to do something or not do something in relation to the declared site or the tree.

The following are examples of the conditions subject to which development approval in relation to land may be given:

the development, or a stated stage of the development, must be undertaken to the satisfaction of a stated entity;

the development, or a stated stage of the development, must be undertaken within a period stated in or under the approval;

the approval does not take effect unless a stated approval is revoked, amended or given;

a lease relating to the land must be varied and the variation registered under the Land Titles Act 1925;

an existing licence must be varied;

another approval relating to the land must be surrendered;

stated things must be done to prevent or minimise adverse environmental impacts;

an offset condition;

for an approval relating to use of the land, or of a building or other structure on the land—the use may take place only in stated circumstances or at stated times;

for an approval to undertake a development for a stated period—

building works or other works undertaken in or on a place the subject of the approval must be removed at the end of the period; or

that the site where the development is to take place is to be restored to a particular state at the end of the period;

a bond must be entered into securing performance against the conditions of the approval;

for an approval in relation to a place registered, or nominated for provisional registration, under the Heritage Act 2004—the applicant must enter into a heritage agreement under that Act for the conservation of the heritage significance of the place;

the development must be undertaken to a stated standard;

stated works, services or facilities that the relevant authority considers reasonable in the circumstances—

must be provided by the applicant on or to a place the subject of the approval, or on or to another place; or

must be paid for completely or partly by the applicant; or

must be provided on or to a place the subject of the approval by agreement between the applicant and the Minister responsible for the provision of the works, services or facilities;

a plan, drawing, specification or other document must be prepared by the applicant and submitted to the territory planning authority for endorsement before the development, or a stated stage of it, starts;

a change must be made to a plan, drawing, specification or other document forming part of the application for approval;

for an approval of a development that proposes to remove a protected tree under the Urban Forest Act 2023, section 21—the applicant must enter into a canopy contribution agreement in relation to the tree’s removal.

A condition may modify the proposed development to make it consistent with the territory plan.

The territory planning authority may endorse a change to a document previously endorsed in accordance with a condition mentioned in subsection (2) (o) if the change—

would not make the approval inconsistent with table 210 (When development approvals take effect), item 4; and

is consistent with the approval, including any conditions of the approval.

If the change required by a condition mentioned in subsection (2) (o) is minor in nature, the condition may be annotated on the document and attached to the approval.

In this section:

canopy contribution agreement—see the Urban Forest Act 2023, section 35 (3).

tree bond agreement—see the Urban Forest Act 2023, section 92 (2).