PLANNING ACT 1999 - SECT 51 Matters to be taken into account

PLANNING ACT 1999 - SECT 51

    (1)     A consent authority must, in considering a development application, take into account any of the following relevant to the development:

        (a)     any planning scheme that applies to the land to which the application relates;

        (b)     any proposed amendments to such a planning scheme:

            (i)     that have been or are on exhibition under Part 2, Division 3;

            (ii)     in respect of which a decision has not been made under Part 2, Division 5; and

            (iii)     that are relevant to the development proposed in the development application;

        (c)     an interim development control order, if any, in respect of the land to which the application relates;

        (d)     an environment protection objective as defined in section 4(1) of the Waste Management and Pollution Control Act 1998 that is relevant to the land to which the application relates;

        (e)     any submissions made under section 49, and any evidence or information received under section 50, in relation to the development application;

        (f)     a matter that the Minister has, under section 85 , directed it to consider in relation to development applications generally;

        (h)     the merits of the proposed development as demonstrated in the application;

        (j)     the capability of the land to which the proposed development relates to support the proposed development and the effect of the development on the land and on other land, the physical characteristics of which may be affected by the development;

        (k)     the public facilities or public open space available in the area in which the land is situated and the requirement, if any, for the facilities, or land suitable for public recreation, to be provided by the developer;

        (m)     the public utilities or infrastructure provided in the area in which the land is situated, the requirement for public facilities and services to be connected to the land and the requirement, if any, for those facilities, infrastructure or land to be provided by the developer for that purpose;

        (n)     the potential impact on the existing and future amenity of the area in which the land is situated;

        (p)     the public interest, including (if relevant) how the following matters are provided for in the application:

            (i)     community safety through crime prevention principles in design;

            (ii)     water safety;

            (iii)     access for persons with disabilities;

        (pa)     for a proposed subdivision or consolidation of land in a Restricted Water Extraction Area – whether the subdivision or consolidation complies with the restrictions of sections 14A and 14B of the Water Act 1992 and the requirements of section 14C(1) of that Act;

        (q)     for a proposed subdivision of land on which a building is, or will be, situated – whether the building complies, or will comply, with any requirements prescribed by regulation in relation to the building (including, for example, requirements about the structural integrity and fire safety of the building) ;

        (r)     any potential impact on natural, social, cultural or heritage values, including, for example, the heritage significance of a heritage place or object under the Heritage Act 2011 ;

        (s)     any beneficial uses, quality standards, criteria, or objectives, that are declared under the Water Act 1992 ;

        (t)     other matters it thinks fit.

    (2)     If a development proposal is required to be referred to the NT EPA under Part 4, Division 3 of the Environment Protection Act 2019 , the consent authority must not make a decision under this Division in relation to a development application for the proposal unless:

        (a)     the NT EPA has determined that an environmental impact assessment is not required under that Act for that proposal; or

        (b)     if the NT EPA has determined that an environmental impact assessment is required – an environmental approval has been granted under that Act for the proposal and the decision is consistent with that approval; or

        (c)     the Environment Protection Act 2019 otherwise permits the making of the decision.

    (3)     When considering a development application under subsection (1), the consent authority must apply the relevant considerations to only those components of the development that triggered the requirement for consent under the planning scheme.