When development approvals take effect
210 When development approvals take effect
This section applies if a decision‑maker approves a development application under section 185 (Deciding development applications).
If the circumstances mentioned in column 2 of an item in table 210 apply to a development approval, the approval (or an approval as varied or substituted by the ACAT) takes effect on the day mentioned in column 3 of the item.
Table 210 When development approvals take effect column 1 item column 2 circumstances applying to approval column 3 day approval takes effect
1
no third party may make an application for ACAT review of the approval decision or there are no representations about the development application; and
the development does not include an activity not allowed under the lease for the land on which the development is proposed to take place; and
the approval is not subject to a condition that something must happen before the approval takes effect the day after the day the approval decision is made
2
1 or more representations are made about the development application; and
no application for ACAT review of the approval decision was made within 20 working days after the day that every person who made a representation was given the notice of the decision under s 196; and
the development does not include an activity not allowed under the lease for the land on which the development is proposed to take place; and
the approval is not subject to a condition that something must happen before the approval takes effect; and
no reconsideration application has been made in relation to the approval
21 working days after the day notice of the approval decision is given under s 196
3
an application for ACAT review of the approval decision has been made; and
the ACAT has—
confirmed or varied the approval decision; or made a substitute approval decision; or
the application was dismissed or struck out; and
the development does not include an activity not allowed under the lease for the land on which the development is proposed to take place; and
the approval is not subject to a condition that something must happen before the approval takes effect
if the ACAT makes an order confirming, varying or substituting the approval decision—the day the order takes effect under the ACT Civil and Administrative Tribunal Act 2008, s 69; or
in any other case—the day the application is dismissed or struck out
4
the development includes an activity not allowed under the lease for the land on which the development is proposed to take place; and
the approval is not subject to a condition that something must happen before the approval takes effect; and
no reconsideration application has been made in relation to the approval the latest of the following days:
the day the approval would take effect if the development did not include an activity not allowed under the lease;
the day the lease variation to allow the activity takes effect;
if an application for ACAT review of the approval decision has been made—the day mentioned in item 3, column 3
5
the approval is subject to a condition that something must happen before the approval takes effect; and
the development does not include an activity not allowed under the lease for the land on which the development is proposed to take place; and
no reconsideration application has been made in relation to the approval the latest of the following days:
the day the approval would take effect if it were not subject to the condition;
the day the condition is complied with;
if an application for ACAT review of the approval decision has been made—the day mentioned in item 3, column 3
6
the development includes an activity not allowed under the lease for the land on which the development is proposed to take place; and
the approval is subject to a condition that something must happen before the approval takes effect; and
no reconsideration application has been made in relation to the approval the latest of the following days:
the day the approval would take effect under item 4, column 3 if the development did not include an activity not allowed under the lease;
the day the approval would take effect under item 5, column 3 if it were not subject to the condition;
if an application for ACAT review of the approval decision has been made—the day mentioned in item 3, column 3
7
a reconsideration application has been made in relation to the approval; and
the territory planning authority—
has made a reconsideration decision; and
did not substitute the approval with a decision to refuse the development application under s 185 (1) (c) the latest of the following days:
the day the approval would take effect if the reconsideration decision were the original decision;
the day after the reconsideration decision is made;
if an application for ACAT review of the reconsideration decision has been made—the day mentioned in item 3, column 3
In this section:
application for ACAT review, of a decision, means an application for ACAT review under section 506.
approval decision, in relation to a development application, means a decision to approve the application under section 185.
Note Approve for s 185 includes a partial approval. Also, an application may be approved subject to conditions (see s 185 (1) (b)).
reconsideration application—see section 198 (2).
reconsideration decision means a decision under section 199 in relation to a reconsideration application.
representation, in relation to a development application, means a representation made under section 180 about the application.
third party means an entity other than the applicant for the development approval or the territory planning authority.
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