Section 34: Departure applications
consolidated text (as at 2013). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
34. Departure applications
(1) Where a permit authority is satisfied that any proposed development
which is not authorised under an approved development plan in respect of
any land, other than coastal frontage land—
(a) is not of a scale which is significant in relation to the approved
development plan from the provisions of which it is a departure;
and
(b) is not of more than local significance,
it shall refer the application forthwith to the Minister who may approve the
application where he considers that it is in the public interest.
(2) The Minister shall, in deciding whether to approve the application,
consult the Commission.
(S. 34 not in operation.)
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Questions this section answers
- Can I get approval for a small development that departs from the approved development plan?