PLANNING AND DEVELOPMENT ACT 2005 - SECT 138
PLANNING AND DEVELOPMENT ACT 2005 - SECT 138
138 . Commission’s functions when approving subdivision etc.
(1) The Commission may
give its approval under section 135 or 136 subject to conditions which are to
be carried out before the approval becomes effective.
(2) Subject to
subsection (3), in giving its approval under section 135 or 136 the Commission
is to have due regard to the provisions of any local planning scheme that
applies to the land under consideration and is not to give an approval that
conflicts with the provisions of a local planning scheme.
(3) The Commission may
give an approval under section 135 or 136 that conflicts with the provisions
of a local planning scheme if —
(a) the
local planning scheme was not first published, or a consolidation of the local
planning scheme has not been published, in the preceding 5 years and the
approval is consistent with a State planning policy that deals with
substantially the same matter; or
(b) the
approval is consistent with a region planning scheme that deals with
substantially the same matter; or
(c) in
the opinion of the Commission —
(i)
the conflict is of a minor nature; or
(ii)
the approval is consistent with the general intent of the
local planning scheme;
or
(d) the
local planning scheme includes provisions permitting a variation of the local
planning scheme that would remove the conflict; or
(e) in
the case of an application under section 135, the local government responsible
for the enforcement of the observance of the scheme has been given the plan of
subdivision, or a copy, under section 142 and has not made any objection under
that section; or
(f) the
approval is given in circumstances set out in the regulations.
(4) Despite subsection
(3), the Commission is to ensure that an approval under section 135 or 136
complies with the provisions of a local planning scheme to the extent
necessary for compliance with an environmental condition relevant to the land
under consideration.