Matters to be considered by Commission
43 Matters to be considered by Commission
When considering an application for development approval under this Scheme the Commission must have regard to the following matters if, and to the extent, they are of State or regional importance —
the purposes and aims of this Scheme and any relevant local planning schemes in operation within the metropolitan region;
the requirements of orderly and proper planning, including —
any relevant proposed amendment to this Scheme or proposed replacement Scheme for which advertising has commenced under section 43 of the Act; or
any relevant proposed local planning scheme or proposed amendment to a local planning scheme for which advertising has commenced under section 84 of the Act;
any State planning policy;
any environmental protection policy approved under the EP Act;
any policy or strategy of the Commission, including any region planning scheme policy or district structure plan that is in force;
any policy adopted by the Government;
the local government’s local planning strategy in respect of a local planning scheme, as endorsed by the Commission under the Planning and Development (Local Planning Schemes) Regulations 2015 regulation 15(1) and amended from time to time;
for reserved land, the public purpose for which the land is reserved;
the conservation of any place that is a heritage‑protected place;
the compatibility of the development with its setting;
any social issues that may affect the amenity of the locality;
the cultural significance of any place or area affected by the development;
the likely effect of the proposal on the natural environment and any means that are proposed to protect, or to mitigate impacts on, the natural environment;
whether the land to which the application relates is unsuitable for the proposal because it is, or is likely to be, subject to flooding, tidal inundation, subsidence, landslip, bush fire or other similar risk;
the preservation of the amenity of the locality;
the relationship of the proposal to development of adjoining land or on other land in the locality, including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the proposal;
whether the proposed means of access to and egress from the site are adequate and whether adequate provision has been made for the loading, unloading, manoeuvring and parking of vehicles;
the amount of traffic likely to be generated by the proposal, particularly in relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety;
whether public transport services are necessary and, if so, whether they are available and adequate for the proposal;
whether public utility services are available and adequate for the proposal;
whether adequate provision has been made for access for pedestrians and cyclists (including end of trip storage, toilet and shower facilities);
whether adequate provision has been made for access by disabled persons;
whether adequate provision has been made for the landscaping of the land to which the application relates and whether any trees or other vegetation on the land should be preserved;
whether the proposal is likely to cause soil erosion or land degradation;
the potential loss of any community service or benefit resulting from the development approval;
any relevant submissions received on the application;
any recommendations received from a local government under clause 37(3);
consultation under clause 44(1);
any advice of the Trust under clause 45(4);
any other development consideration the Commission considers relevant.
[Clause 43 inserted: Act No. 41 of 2024 s. 5.]
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