9—Amendment of section 35—Special provisions relating to
assessment against a Development Plan
(1) Section
35(4)(a)—delete "this section" and substitute:
this Act at any stage in the process (including in the circumstances envisaged
by section 39(4) and including without hearing (or further hearing) from
the applicant)
(2) Section
35—after subsection (4) insert:
(5) A proposed
development that does not fall into a category of development mentioned in a
preceding subsection will be merit development (and any such development must
be assessed on its merit taking into account the provisions of the relevant
Development Plan).