Planning, Development and Infrastructure Act 2016

The

State.

In particular, the Planning and Design Code will—

incorporate a scheme that includes the use of zones, subzones and overlays; and

specify policies and rules that will—

govern the use and development of an area within a particular class of zone; and

in relation to a subzone, set out additional policies or rules relating to the character of a particular part of a zone; and

address specified or defined issues that may apply in any zone or subzone (or a part of any zone or subzone), or across zones or subzones, depending on the circumstances (overlays);

and

support the adaptive re-use of buildings and places in cases determined to be appropriate under the Planning and Design Code; and

include definitions of land use and establish land use classes; and

make provision for or with respect to any other matter contemplated by this Act as being included in the Planning and Design Code (to such extent, or in such manner, as the Commission thinks fit); and

include any other matter—

prescribed by the regulations; or

considered appropriate by the Commission.

In connection with subsections (1) and (2)—

policies and rules for development in a zone, subzone or overlay should be clear and straightforward; and

if relevant, it should be clear which provisions in a zone are being modified by a subzone or overlay and how those provisions are being modified; and

the only spatial layers to be used are zones, subzones and overlays; and

the provisions of the Planning and Design Code may provide guidance for the development of the public realm; and

any policy or rule under the Planning and Design Code may apply in relation to development generally or any class of development; and

the

Planning and Design Code must comply with any principle prescribed by the regulations or a state planning policy.

The

Planning and Design Code may include provisions that provide for the adaptation of the rules that apply in relation to a specified zone or subzone or as an overlay to provide for necessary and appropriate local variations in specified circumstances, including by permitting in the Code—

the variation of a technical or numeric requirement within parameters specified in the Code; and

the variation of a requirement applying in a subzone, within parameters specified in the Code, in order to recognise unique character attributes; and

the adoption of options for development, specified in the Code, that are additional to those provided in a zone or subzone or as an overlay.

The

Planning and Design Code may be accompanied by advisory material in the form of planning or design manuals or guidelines.