Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies to any part of the development application requiring code assessment against a local planning instrument if the local government is the assessment manager.
(2) Section 3.5.13(3) and (4) do not apply to the deciding of the application.
(3) The local government must refuse the application if the local government is satisfied approving it would--
(a) compromise the achievement of the desired environmental outcomes for the local government's planning scheme area; or
(b) conflict with the purpose of the structure plan area code for the master planned area or the purpose of the master plan area code for the master planning unit; or
(c) conflict with a provision of an applicable code, other than the purpose of a code mentioned in paragraph (b).
(4) Subsection (3)(a) or (b) do not apply if--
(a) the compromise or conflict is necessary to further the outcomes of--
(i) if the local government's planning scheme is in the relevant area for a State planning regulatory provision--the provision; or
(ii) if the planning scheme is in a designated region--the region's regional plan; or
(iii) any State planning policy or part of a State planning policy; and
(b) the provision, plan, policy or part, is not identified in the structure plan as being appropriately reflected in the planning scheme.
(5) Subsection (3)(c) does not apply if there are sufficient grounds to justify the decision despite the conflict, having regard to--
(a) the purpose of the code; and
(b) if they are not identified in the planning scheme as being appropriately reflected in the local government's planning scheme--
(i) if the planning scheme is in the relevant area for a State planning regulatory provision--the provision; and
(ii) if the planning scheme is in a designated region--the region's regional plan; and
(iii) State planning policies or parts of State planning policies.