Planning Regulation 2017

Schedules 9 and 10 prescribe—

for section 54(2)(a) of the Act, the referral agency for the development applications stated in the schedules; and

for section 55(2) of the Act, the matters the referral agency—

may or must assess the development application against; and

may or must assess the development application having regard to.

For section 55(2)(a) of the Act, a referral agency for a development application must also assess the application against the following matters, unless the referral agency is the chief executive—

the laws administered by the referral agency;

the policies that are reasonably identifiable as policies applied by the referral agency.

For section 55(2)(b) of the Act, a referral agency for a development application must also assess the application having regard to—

if the referral agency is the chief executive—

the strategic outcomes for the local government area stated in the planning scheme; and

the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and

the strategic intent and desired regional outcomes stated in the regional plan for a region; and

the State Planning Policy, parts C and D; and

for premises designated by the Minister—the designation for the premises; and

if the referral agency is a person other than the chief executive—

a local planning instrument applying to the premises; and

the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and

the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and

for premises that are designated premises—the designation; and

any temporary State planning policy applying to the premises; and

any development approval applying to the premises; and

to the extent the referral agency’s powers involve assessing the cost impacts of supplying infrastructure for development under chapter 4, part 2, division 2, subdivision 3 or part 3 of the Act—any relevant charges resolution; and

material about the application received by the referral agency, including material received before the application was made.

A referral agency may consider a matter stated in subsection (1)(b), (2) or (3) only to the extent the referral agency considers the matter is relevant to the development.

For section 56(5) of the Act, a referral agency’s powers for a development application are limited in the way stated for the application in schedule 9 or 10.