Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2008 (NO 2) (NO 27 OF 2008) - REG 5

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[5.3A]     New section 442C

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442C     Transitional—development application lodged on or after commencement day for estate development plan given before commencement day

    (1)     This section applies to a development application if—

        (a)     the application is lodged on or after the commencement day but not later than 6 months after the commencement day; and

        (b)     the application relates to, or incorporates, a document that the planning and development authority is satisfied is an estate development plan; and

Note     For considerations for when something is an estate development plan, see s (5).

        (c)     the estate development plan was given to the planning and land authority before the commencement day for consideration on the basis that the plan might form the basis of a development application.

    (2)     The development application may be made, and decided, in accordance with the repealed Act (including the territory plan and any other instruments under the repealed Act) as if that Act had not been repealed.

    (3)     If the development application is approved, the approval—

        (a)     is taken to be a development approval under this Act (including for section 96) unless otherwise provided by subsection (4); and

        (b)     unless extended under this Act, continues in force until the time when it would have ended under the repealed Act; and

        (c)     is taken to relate to a proposal in the merit track for section 198 (2) (Deciding applications to amend development approvals).

    (4)     Also, the repealed Act (including the territory plan and any other instruments under the repealed Act), and not this Act, applies in relation to any application for reconsideration, or for review, of the decision on a development application to which this section applies.

    (5)     In deciding whether a document is an estate development plan, the planning and land authority must consider whether—

        (a)     the document is identified, by itself or another document, as an estate development plan; and

        (b)     at the time it was given to the authority, the document appeared to be a document to which the government publication Guidelines for Estate Development Plans—Greenfield Land Subdivision—September 2007 , published on the public website maintained by the authority, applied; and

        (c)     the document includes plans or a proposal for the subdivision of land and related infrastructure development.

Examples—related infrastructure

sewers, footpaths, street lighting

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (6)     For this section, an estate development plan (the final plan ) in relation to a development application is taken to have been given to the planning and land authority for consideration if—

        (a)     an estate development plan (the initial plan ) was given to the authority; and

        (b)     the final plan is identifiable as a revised version of the initial plan.