Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 49

49 What is a development approval, preliminary approval or development permit

(1) A
"development approval" is—

(a) a preliminary approval; or

(b) a development permit; or

(c) a combination of a preliminary approval and development permit.

(2) A
"preliminary approval" is the part of a decision notice for a development application that—

(a) approves the development to the extent stated in the decision notice; but

(b) does not authorise the carrying out of assessable development.

(3) A
"development permit" is the part of a decision notice for a development application that authorises the carrying out of the assessable development to the extent stated in the decision notice.

(4) Subject to section 66 (2) , a preliminary approval that is still in effect applies instead of a later development permit for the development, to the extent of any inconsistency, unless—

(a) the development application for the development permit states the way the development permit is to be inconsistent with the preliminary approval; or

(b) after the application for the development permit is made, the applicant and, if the applicant is not the owner of the premises, the owner agree in writing to the inconsistency.

(5) In this Act, a reference to a development approval—

(a) means the development approval as changed from time to time; and

(b) includes the development conditions imposed on the approval.

(6) In this section—

"decision notice" means—

(a) a decision notice under section 63 (1) ; or

(b) a decision notice under section 64 (6) ; or

(c) a negotiated decision notice, other than a negotiated decision notice for a change application.