Planning, Development and Infrastructure Act 2016

A person who—

alters a public road; or

uses a public road for business purposes,

as

part of a development authorisation under the Planning,

Development and Infrastructure Act 2016—

must comply with any design standard or other requirement that applies under the Planning,

Development and Infrastructure Act 2016;

and

is not required to comply with any code of practice or other requirement that applies under this Act to the extent of any inconsistency between—

any design standard or other requirement referred to in paragraph (a);

and

any code of practice or other requirement that applies under this Act.

If a person to whom section 221(3)(b) or 222(6a) applies considers that an act of a council is unreasonably preventing or delaying the ability of the person to undertake development in accordance with the relevant development authorisation, the person may apply to the

ERD Court for a review of the matter.

The

ERD Court may, in acting on an application under subsection (2), examine and review the act of the council on such basis as the ERD

Court thinks fit.

The

ERD Court may, on a review under this section—

dismiss the application; or

remit the subject matter of the application to the council for further consideration; or

order the council to take such action as the ERD Court thinks fit,

and, in doing so, may make any consequential or ancillary order or direction, or impose any condition, that it considers necessary or expedient.

A reference in subsections (2) and (3) to an act includes a reference to an omission.

Nothing in this section—

requires a person to take any other step under this Act before taking action under this section; or

limits the ability of a person from taking action under any other section of this Act.

In this section—

ERD

Court means the Environment, Resources and Development Court.