Planning Regulation 2017

For section 45(3)(b) of the Act, the code assessment must be carried out having regard to—

the matters stated in schedules 9 and 10 for the development; and

if the prescribed assessment manager 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 prescribed assessment manager is a person other than the chief executive or the local government—the planning scheme; and

if the prescribed assessment manager is a person other than the chief executive—

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 designated premises—the designation for the premises; and

any temporary State planning policy applying to the premises; and

any development approval for, and any lawful use of, the premises or adjacent premises; and

the common material.

However—

an assessment manager may, in assessing development requiring code assessment, consider a matter mentioned in subsection (1) only to the extent the assessment manager considers the matter is relevant to the development; and

if an assessment manager is required to carry out code assessment against assessment benchmarks in an instrument stated in subsection (1), this section does not require the assessment manager to also have regard to the assessment benchmarks.