Determination of applications in relation to zoned land if power delegated to local government
54 Determination of applications in relation to zoned land if power delegated to local government
This clause applies if —
a determination is made by a local government under a local planning scheme in respect of approval for development of land to which a requirement under clause 28 applies; and
the local government is empowered, under a delegation by the Commission, to determine the application for development approval under this Scheme taken to have been made under clause 34.
Subject to subclause (3) and despite any other provision of this Scheme, the local government is taken to have made, at the same time as the determination under the local planning scheme was made, the same determination under this Scheme in respect of the development.
Nothing in this clause prevents the Commission from exercising its power to determine an application for development approval in accordance with the terms of the delegation referred to in subclause (1)(b).
[Clause 54 inserted: Act No. 41 of 2024 s. 5.]
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