Deemed-to-satisfy assessment
106 Deemed-to-satisfy assessment
Subject to subsection (1a), if a proposed development is classified as deemed‑to‑satisfy development, the development must be granted planning consent.
If a design standard applies in relation to a proposed development, the development may be assessed as deemed‑to‑satisfy development under this section provided that planning consent in respect of the development is granted subject to conditions requiring the development to be consistent with the design standard.
If a relevant authority is satisfied that development is deemed‑to‑satisfy development except for 1 or more minor variations, the relevant authority must assess it as being deemed‑to‑satisfy (and that determination will then have effect for the purposes of this Act).
A planning consent under this section must be granted without undertaking a process for public notification or submissions in relation to the proposed development.
A planning consent under this section will apply subject to conditions imposed under this Act and subject to such conditions or exceptions as may be prescribed by the regulations or the Planning and Design
Code, and subject to any other provision made by this Act or applying under the regulations.
A condition under subsection (4) may provide that a proposed development assessed under subsection
will be undertaken so as to address any minor variation in order to make it consistent with the deemed‑to‑satisfy requirement.
Nothing in this section requires the assessment of an element of a development that may be classified as accepted development.
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