Accordingly, if the determination is to grant approval for development —
2 Accordingly, if the determination is to grant approval for development —
the development may be commenced and carried out as if the approval had been granted by the local government; and
any conditions imposed by the Commission on the approval must be complied with as if they were conditions imposed on the approval by the local government; and
section 218(c) applies in relation to a failure to comply with any of those conditions.
Subsection (2) applies even if the Commission’s determination could not have been made by a normal decision‑maker under the applicable planning instrument.
Without limiting subsections (2) and (3), a decision, or other act or omission, of a person or body is not unlawful or invalid just because the Commission’s determination could not have been made by a normal decision‑maker under the applicable planning instrument.
Subsections (2) to (4) are subject to sections 171W and 171X and Division 3.
If the Commission’s determination is to grant approval for development, the determination does not affect the operation of any written law that requires the obtaining, in relation to the development, of any other type of approval, consent, licence, permit, registration or other authority (however described).
Examples for this subsection:
1. A building permit or demolition permit under the Building Act 2011.
2. A licence under the Liquor Control Act 1988.
Note for this subsection:
Part 11C applies despite this Part (see section 171ZF(1)).
[Section 171U inserted: No. 34 of 2023 s. 11.]
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