PLANNING ACT 2016 - SECT 29 Request to apply superseded planning scheme

PLANNING ACT 2016 - SECT 29

29 Request to apply superseded planning scheme

(1) This section applies if a person wants a superseded planning scheme to apply to a proposed development application or proposed development.

(2) A
"superseded planning scheme" is a planning scheme, together with related planning scheme policies, that was in effect immediately before any of the following events (a
"planning change" ) happens—

(a) the planning scheme was amended or replaced;

(b) any of the planning scheme policies were amended, replaced or repealed;

(c) a new planning scheme policy was made for the planning scheme.

Note—

For a planning instrument change under the Economic Development Act 2012 , see also sections 40L (3) , 41 (4) and 42K (2) of that Act.

(3) A person may, within 1 year after the planning scheme and related policies become a superseded planning scheme, make a superseded planning scheme request in relation to the superseded planning scheme.

(4) A
"superseded planning scheme request" is a written request to a local government—

(a) to accept, assess and decide a development application (a
"superseded planning scheme application" ) under a superseded planning scheme; or

(b) to apply a superseded planning scheme to the carrying out of development that was accepted development under the superseded planning scheme.

(5) A regulation may prescribe the following in relation to a superseded planning scheme request—

(a) that the request must be made in an approved form;

(b) the information that must be given with the request;

(c) how the local government may set a fee for considering the request;

(d) the period for deciding the request, and how the period may be extended;

(e) when and how a local government must notify the person making the request of the local government’s decision;

(f) another matter related to deciding the request.

(6) The local government must decide whether or not to agree to a superseded planning scheme request within the period prescribed by, or extended as required under, the regulation.

(7) The local government must, within 5 business days after making the decision, give a decision notice to the person who made the superseded planning scheme request.

(8) If, within 5 business days after the end of the period or of the period extended under subsection (6) , the local government does not give a decision notice to the person, the local government is taken to have agreed to the superseded planning scheme request.

(9) If the local government decides to agree, or is taken to have agreed, to a request under subsection (4) (a) —

(a) the superseded planning scheme application must be made within 6 months after the local government—

(i) gives a decision notice to the person who made the request; or

(ii) is taken to have agreed to the request; and

(b) despite section 45 (6) to (8) , the assessment manager for the superseded planning scheme application must assess the application as if the superseded planning scheme to which the application relates was in effect instead of—

(i) the planning scheme; and

(ii) a planning scheme policy for the local government area.

(10) If the local government decides to agree, or is taken to have agreed, to a request under subsection (4) (b) —

(a) the development may be carried out under the superseded planning scheme; and

(b) the following apply to the decision as if the decision were a development approval, given by the local government as the assessment manager, that took effect on the day when the decision notice was given or the local government is taken to have agreed to the request—

(i) chapter 3 , part 5 , division 4 ;

(ii) schedule 1 , table 1, item 3.