(1) This section applies for the carrying out of development as defined under the Sustainable Planning Act 2009 —(a) authorised under a fortification removal order; or(b) that is enforcement action.
(2) If, other than for this subsection, the development would be any of the following under the Sustainable Planning Act 2009 it is taken to be exempt development under that Act—(a) assessable development;(b) development requiring compliance assessment;(c) prohibited development.
(3) The development may be carried out despite any development approval under the Sustainable Planning Act 2009 .