After section 16 of the Principal Act , the following section is inserted in Part 2A:

17.     Permit applications not determined before planning directive comes into, or ceases to have, effect

(1)  If an application that is made for a permit during the period before a planning directive is in effect is not determined by a planning authority before the directive comes into effect –

(a) the planning directive does not apply in relation to the application; and

(b) any decision, of the planning authority, in relation to the application is to be made in accordance with the planning scheme that applies to the land to which the application relates, despite the provisions of the planning directive; and

(c) the Appeal Tribunal must determine any appeal in relation to the application or a permit granted, or not granted, in relation to the application –

as if the planning directive were not in effect.

(2)  Subject to subsection (1) , if an application that is made for a permit during the period in which a planning directive is in effect is not determined by a planning authority before the directive ceases to have effect –

(a) the planning directive continues in effect in relation to the application; and

(b) any decision, of the planning authority, in relation to the application is to be made in accordance with the planning directive, despite the provisions of any planning scheme or another planning directive; and

(c) the Appeal Tribunal must determine any appeal in relation to the application or a permit granted, or not granted, in relation to the application –

as if the planning directive continued in effect.

(3)  If a permit is granted, or a decision to grant a permit is deemed under section 59(1) to have been made, in relation to an application to which subsection (1) or (2) applies, a use or development, authorised under the permit, that takes place on the land to which the permit relates is to be taken, from the day on which the permit takes effect under this Act until the permit lapses or expires, if at all, to be lawfully established before the planning scheme that applies in relation to the land came into operation.