PLANNING ACT 2016 - SECT 60
Deciding development applications
PLANNING ACT 2016 - SECT 60
Deciding development applications
60 Deciding development applications
(1) This section applies to a properly made application, other than a part of
a development application that is a variation request.
(2) To the extent the
application involves development that requires code assessment, and subject to
section 62, the assessment manager, after carrying out the assessment—
(a)
must decide to approve the application to the extent the development complies
with all of the assessment benchmarks for the development; and
(b) may decide
to approve the application even if the development does not comply with some
of the assessment benchmarks; and
Examples—
1 An assessment manager may
approve an application for development that does not comply with some of the
benchmarks if the decision resolves a conflict between the benchmarks.
2 An
assessment manager may approve an application for development that does not
comply with some of the benchmarks if the decision resolves a conflict between
the benchmarks and a referral agency’s response.
(c) may impose
development conditions on an approval; and
(d) may, to the extent the
development does not comply with some or all the assessment benchmarks, decide
to refuse the application only if compliance can not be achieved by imposing
development conditions.
Example of a development condition—
a development
condition that affects the way the development is carried out, or the
management of uses or works that are the natural and ordinary consequence of
the development, but does not have the effect of changing the type of
development applied for
(3) To the extent the application involves
development that requires impact assessment, and subject to section 62, the
assessment manager, after carrying out the assessment, must decide—
(a) to
approve all or part of the application; or
(b) to approve all or part of the
application, but impose development conditions on the approval; or
(c) to
refuse the application.
(4) The assessment manager must approve any part of
the application for which, were that part of the application the subject of a
separate development application, there would be a different assessment
manager—
(a) other than to the extent a referral agency for the development
application directs the refusal of the part under section 56(1) (c) ; and
(b) subject to any requirements of the referral agency under 56(1)(b).
(5)
The assessment manager may give a preliminary approval for all or part of the
development application, even though the development application sought a
development permit.
(6) If an assessment manager approves only part of a
development application, the rest is taken to be refused.
