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Prohibited development
When development is not allowed
Prohibited development is not allowed to be carried out.
Definition
A prohibited development is a development:
- prohibited under the relevant development table of the Territory Plan; and
- by an entity other than the Territory or a Territory authority in a future urban area, unless the structure plan for the area states otherwise.
Rules
The following information outlines the rules that apply to prohibited development.
- If a development is prohibited then a person cannot apply for approval of the development proposal.
- If a development is authorised by a development approval then subsequently becomes prohibited then the development can continue - a development that is lawful when it begins, continues to be lawful.
- If a development use is allowed under a lease, section 247 or a provision of Chapter 15 of the Planning and Development Act 2007, but beginning the use is a prohibited development then the proposal is not considered to be a prohibited development, a person may apply for development approval for the proposal and the impact track will apply.
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