Town and Country Planning Act 1976 · Updated to 1 Jun 2021 · Part IV · Planning Control
31A. Inconsistency between building by-laws and development plan
Feedback & supportWhere an inconsistency exists between any building by-laws and a development plan in relation to any policies in that plan—
building
“building” includes any house, hut, shed, or roofed enclosure, whether or not used as a human habitation, and any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage, or bridge, and any structure, support, or foundation connected to or with any of those structures;
the development plan shall prevail over the by-laws; and
development plan
“development plan”, in relation to an area, means— (a) the local plan for the area; or (b) if there is no local plan for the area, the structure plan for the area, and, in relation to any land or building, means the development plan, as so defined, for the area in which the land or building is situated;
the approving authority shall apply the provisions of the building by-laws in such manner and to such extent as may be necessary to avoid the inconsistency, but so as to ensure that the standards of building soundness for the safety of the occupants and amenity achieved in respect of the development are as good as can reasonably be achieved in the circumstances.
development
“development” means the carrying out of any building, engineering, mining, industrial, or other similar operation in, on, over, or under land, the making of any material change in the use of any land or building or any part thereof, or the subdivision or amalgamation of lands; and