PLANNING AND ENVIRONMENT ACT 1987 - SECT 84B Matters for Tribunal to take into account
PLANNING AND ENVIRONMENT ACT 1987 - SECT 84B
Matters for Tribunal to take into account(1) In determining an application for review under this Act, the Tribunal must—
(a) take account of any matter which the person or body in respect of whose decision the application for review is made—
(i) properly took account of in making its decision; or
(ii) was required to take account of in making its decision; and
(b) have regard to any matter which the person or body in respect of whose decision the application for review is made—
(i) properly had regard to in making its decision; or
(ii) is required to have regard to in making its decision.
(2) In determining an application for review under this Act, in addition to the matters referred to in subsection (1), the Tribunal—
(a) must take into account any relevant planning scheme;
(b) must have regard to the objectives of planning in Victoria;
(c) must (where appropriate) take account of the approved regional strategy plan under Part 3A;
(d) must (where appropriate) take account of the approved strategy plan under Part 3C;
S. 84B(2)(da) inserted by No. 44/2005 s. 5(a).
(da) must (where appropriate) take account of the approved strategy plan under Part 3D;
S. 84B(2)(e) substituted by No. 39/2018 s. 49(2).
(e) must take account of any relevant environment reference standard within the meaning of the Environment Protection Act 2017 ;
S. 84B(2)(ea) inserted by No. 39/2018 s. 49(2).
(ea) must take account of any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017 ;
(f) must (where appropriate) take account of the extent to which persons residing or owning land in the vicinity of the land which is the subject of the application for review were able to and in fact did participate in the procedures required to be followed under this Act before the responsible authority could make a decision in respect of the application for a permit;
(g) must (where appropriate) have regard to any amendment to a planning scheme which has been adopted by the planning authority but not, as at the date on which the application for review is determined, approved by the Minister or the planning authority;
(h) must (where appropriate) have regard to any agreement made pursuant to section 173 affecting the land the subject of the application for review;
(i) must (where appropriate) have regard to any amendment to the approved regional strategy plan under Part 3A adopted under this Act but not, as at the date on which the application for review is determined, approved by the Minister;
(j) must (where appropriate) have regard to any amendment to the approved strategy plan under Part 3C adopted under this Act but not, as at the date on which the application for review is determined, approved by the Minister;
S. 84B(2)(ja) inserted by No. 44/2005 s. 5(b).
(ja) must (where appropriate) have regard to any amendment to the approved strategy plan under Part 3D adopted under this Act but not, as at the date on which the application for review is determined, approved by the Minister;
S. 84B(2)(jb) inserted by No. 30/2015 s. 5(1).
(jb) must (where appropriate) have regard to the number of objectors in considering whether the use or development may have a significant social effect;
(k) must take account of any other matter which the Tribunal is required by the provisions of this Act or any other Act to take account of in determining the application for review.
S. 84B(3) inserted by No. 53/2012 s. 9, amended by No. 30/2015 s. 5(2).
(3) If an application for review is of a class that is exempted by a planning scheme wholly or in part from the requirements of subsection (2)(b) to (jb), the Tribunal is not required to take into account or have regard to the exempted matters in determining the application.
S. 85 (Heading) inserted by No. 3/2013 s. 68(8).