Planning Act 1999

This section applies to a development in a policy area.

A planning scheme may require a particular type of development to provide for car parking as part of the development to meet the expected increased demand for car parking spaces in the policy area as a consequence of the development.

If a planning scheme requires a certain number of car parking spaces to be provided as part of a development, the consent authority may determine, as a condition of the development permit, that a different number of car parking spaces may be provided or no car parking spaces need be provided.

The consent authority must not make such a determination unless:

it has considered all the circumstances of the particular case;

it is satisfied the intent of the planning scheme will still be fulfilled.

If a condition of a development permit requires a certain number of car parking spaces to be provided as part of the development, the permit may include a condition that a contribution may be paid to the local government council for the policy area instead of providing a specified number of those parking spaces.

The contribution payable to the local government council must be calculated in accordance with section 71.