Australian Capital Territory Numbered Acts

PLANNING AND DEVELOPMENT AMENDMENT ACT 2010 (NO. 4 OF 2010) - SECT 41

substitute

    (2)     However, section 162 (3) (Deciding development applications) does not apply to the application.

    (2A)     The planning and land authority must refuse to amend the development approval if satisfied that—

        (a)     if the original proposal was in the code track—the changed development proposal would be in the merit track or impact track; or

        (b)     if the original proposal was in the merit track—the changed development proposal would be in the impact track; or

        (c)     the changed development proposal would be in breach of a condition on the approval imposed (rather than confirmed or varied) by a court or tribunal.