Planning Act 2023

This section applies to the following:

a development approval, or part of a development approval, that—

relates only to the use of land, or a building or other structure on land, under a lease or declared unit title lease (the affected lease); and

does not involve a lease variation;

a development approval, or part of a development approval, that relates only to the use of land under a licence or permit.

The development approval ends if—

the affected lease expires and no application is made under section 289 (Grant of further leases) for a further lease; or

Note A person may apply for the grant of a further lease not later than 6 months after the expiry of the affected lease.

the approval is revoked under section 204; or

if the approval states a period for the end of the approval—the period ends; or

the approval is surrendered, other than for a lease variation or renewal; or

the affected lease is surrendered (other than under section 289 (Grant of further leases)) or terminated; or

for a declared unit title lease—a further lease is not granted under the Unit Titles Act 2001, section 167AA; or

if the approval relates to the use of land under a licence or permit—the licence or permit ends.

Note A development approval to which this section applies continues unless the approval ends under s 211, s 212 or this section.

To remove any doubt, a development approval relating to use does not end only because 1 or more of the following apply to the development or lease:

the use is not continuous;

someone deals with the affected lease;

a further lease is granted for the affected lease on application under section 289 (Grant of further leases), whether the grant happens immediately after the expiry of the affected lease or otherwise;

for a declared unit title lease—a further lease is granted under the Unit Titles Act 2001, section 167AA.

Examples—par (a)

1 the use is interrupted

2 the use is intermittent

The territory planning authority must tell the registrar‑general about the ending of a development approval to which this section applies if—

the authority gave the registrar-general notice of the approval; and

the approval is surrendered to the authority.

In this section:

declared unit title lease means a lease of a unit or common property in a units plan that subdivides land under a declared land sublease.