PLANNING AND DEVELOPMENT ACT 2005 - SECT 77

PLANNING AND DEVELOPMENT ACT 2005 - SECT 77

77 .         Effect of State planning policies and planning codes on scheme

        (1)         Every local government in preparing or amending a local planning scheme —

            (a)         is to have due regard to any State planning policy which affects its district; and

            (b)         may include in the scheme a provision that a specified planning code, with such modifications as may be set out in the scheme, is to be read as part of the scheme, or a provision however expressed to the same effect.

        (2)         Where a scheme includes a provision referred to in subsection (1)(b) —

            (a)         the scheme is to have effect as if the planning code, as from time to time amended, or any subsequent planning code by which it is repealed under this Act, were set out in full in the scheme; and

            (b)         the planning code is to have effect as part of the scheme subject to any modifications set out in the scheme.

        (3)         Modifications referred to in subsection (2)(b) prevail over any later amendment of the planning code, or subsequent code referred to in subsection (2)(a), which is inconsistent with the modifications.

        [Section 77 amended: No. 26 of 2020 s. 66.]

[ 78.         Deleted: No. 45 of 2020 s. 70.]