Section 495(2)(a) of the Sustainable Planning Act 2009 (Qld) does not authorise the Planning and Environment Court to give weight to a draft planning scheme that has not been adopted, approved by the Minister, or gazetted. Under the Coty principle, a draft planning scheme that merely replicates existing provisions found to be deficient is of little significance and should not be given decisive weight. The Planning and Environment Court, standing in the shoes of the assessment manager, must not conflate the Council's role as assessment manager (which permits approval despite conflict with the planning scheme) with its role as planning authority/legislator.
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