Prohibited development

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
  • 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.

Note about ancillary and minor use

Some uses that would otherwise be prohibited may be assessed under the merit track if they can be defined as ancillary or minor use. For example, a car park alone is a prohibited use, but could be considered if it is ancillary to a child care centre which is an assessable development under the merit track.

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