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PLANNING ACT 2016 - SECT 65
Permitted development conditions
65 Permitted development conditions
(1) A development condition imposed on a development approval must— (a) be
relevant to, but not be an unreasonable imposition on, the development or the
use of premises as a consequence of the development; or
(b) be reasonably
required in relation to the development or the use of premises as a
consequence of the development.
(2) A development condition may— (a) limit
how long— (i) a lawful use may continue; or
(ii) works may remain in place;
or
(b) state that development must not start until— (i) other development
permits for development on the same premises have been given; or
(ii) other
development on the same premises, including development that the development
application does not cover, has been substantially started or completed; or
Note— For when development can otherwise start, see section 72 .
(c)
require compliance with an infrastructure agreement for the premises, but only
to the extent the responsibilities under the agreement attach to, and bind the
owner of, the premises under section 155 (3) ; or
(d) require development, or
a part of development, to be completed within a stated period; or
(e) require
the payment of security under an agreement under section 67 to support a
requirement under paragraph (d) .
Notes— 1 See chapter 4 , parts 2 and 3
for other permitted development conditions.
2 In addition to development
conditions under this Act, a land surrender requirement under the Coastal Act
may be made in relation to particular land that is the subject of a
development approval for reconfiguring a lot in a coastal management district
under the Coastal Act . However, a land surrender requirement is not a
development condition under this Act.
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