Conditions : Cheat Sheet
This cheat sheet briefly covers the law and principles regarding the powers of development conditions. Click here to download the PDF cheat sheet. [June 2025] An assessment manager’s decision to impose conditions upon a development approval must be based upon its assessment of the development, according to law. In other words, the conditions should arise from the assessment of the application (code/impact) and should be informed by the assessment benchmarks, application material, etc. Within that context, the conditions power is then constrained by legal principles and the Planning Act 2016 (the Planning Act), most relevantly, by s65(1): 65 PERMITTED DEVELOPMENT CONDITIONS In addition to s65(1): As to whether a condition is “relevant to” the development, guidance may be had from…