PLANNING ACT 2016 - SECT 8 What are planning instruments

PLANNING ACT 2016 - SECT 8

8 What are planning instruments

(1) A
"planning instrument" is an instrument that sets out policies for planning or development assessment, and is either—

(a) a State planning instrument; or

(b) a local planning instrument.

(2) A
"State planning instrument" is a planning instrument made by the Minister to protect or give effect to State interests, and is either—

(a) a State planning policy (including a temporary State planning policy); or

(b) a regional plan.

(3) A
"local planning instrument" is a planning instrument made by a local government, and is either—

(a) a planning scheme; or

(b) a TLPI; or

(c) a planning scheme policy.

(4) To the extent of any inconsistency—

(a) a State planning policy applies instead of a regional plan or local planning instrument; and

(b) a regional plan applies instead of a local planning instrument; and

(c) a planning scheme applies instead of a planning scheme policy; and

(d) a TLPI applies instead of a planning scheme or planning scheme policy.

Note—

A TLPI may also suspend, or otherwise affect, the operation of a planning scheme or planning scheme policy—see section 23 (3) .

(5) A local planning instrument must not include a provision about building work, to the extent the building work is regulated under the building assessment provisions, unless allowed under the Building Act .

(6) To the extent a local planning instrument does not comply with subsection (5) , the local planning instrument is of no effect.