Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2009 (NO 1) (NO 3 OF 2009) - REG 8

after the note, insert

    (2)     For subsection (1) (a), a provision of a development approval is taken to be a condition of the approval only if the approval is expressed to be given on the condition that the provision is complied with.

Example—condition

Development plans do not include windows in the front wall. The approval is expressed to be subject to the condition that the front wall not have windows.

Example—not a condition

Development plans do not include windows in the front wall. The approval is given without explicit mention of windows in the front wall being a condition of the approval.

Note     An approval may be given subject to conditions, see the Act, s 165 (Conditional approvals).