Planning and Development Act 2005

The Commission may determine a significant development application under section 171P(1) in a manner that conflicts with the provisions of the applicable planning instrument —

if the Commission is of the opinion that —

the application raises issues of State or regional importance; and

the determination is in the public interest;

if —

the applicable planning instrument is a local planning scheme; and

the local planning scheme was not first published, or a consolidation of the local planning scheme has not been published, in the preceding 5 years; and

the determination complies with any requirements prescribed by Part 11B regulations for the purposes of this subparagraph;

if —

the applicable planning instrument is a local planning scheme; and

in the opinion of the Commission, the conflict is of a minor nature; and

in the opinion of the Commission, the determination is consistent with the general intent of each State planning policy, planning code, region planning scheme and local planning strategy that is relevant to the development;

if —

the application is for approval of development in a State development area; and

in the opinion of the Commission, the determination is consistent with the general intent of the State development area declaration and any applicable State development area plan;

in circumstances prescribed by Part 11B regulations for the purposes of this paragraph.

In making a determination under section 171P(1) in a manner permitted by subsection (1) of this section, the Commission must have due regard to the need to ensure the orderly and proper planning, and the preservation of amenity, of the locality to which the application relates.

For the purposes of subsection (1)(a), the Commission is not limited to planning considerations and may have regard to any other matter affecting the public interest.

Subsection (1) does not permit the Commission to determine a significant development application under section 171P(1) in a manner that conflicts with an environmental condition.