Queensland Consolidated Acts

INTEGRATED PLANNING ACT 1997 - SECT 3.5.5

(1) This section applies to any part of the application requiring impact assessment.

(2) If the application is for development in a planning scheme area, the assessment manager must carry out the impact assessment having regard to the following--

(a) the common material;

(b) the planning scheme and any other relevant local planning instruments;

(c) if they are not identified in the planning scheme as being appropriately reflected in the planning scheme--

(i) State planning policies, or parts of State planning policies; and

(ii) for the planning scheme of a local government in the relevant area for a State planning regulatory provision--the provision; and

(iii) for the planning scheme of a local government in a designated region--the region's regional plan;

Note--

For declared master planned areas, see also section 2.5B.70 (Assessable development requiring impact assessment).

(d) any development approval for, and any lawful use of, premises the subject of the application or adjacent premises;

(e) if the assessment manager is not a local government--the laws that are administered by, and the policies that are reasonably identifiable as policies applied by, the assessment manager and that are relevant to the application;

(f) the matters prescribed under a regulation (to the extent they apply to a particular proposal).

(3) If the application is for development outside a planning scheme area, the assessment manager must carry out the impact assessment having regard to the following--

(a) the common material;

(b) if the development could materially affect a planning scheme area--the planning scheme and any other relevant local planning instruments;

(c) any relevant State planning policies;

(d) any development approval for, and any lawful use of, premises the subject of the application or adjacent premises;

(e) if the assessment manager is not a local government--the laws that are administered by, and the policies that are reasonably identifiable as policies applied by, the assessment manager and that are relevant to the application;

(f) the matters prescribed under a regulation (to the extent they apply to a particular proposal).

(4) If the application is a development application (superseded planning scheme) and the applicant has been given a notice under section 3.2.5(3)(a), subsection (2)(b) does not apply and the assessment manager must assess and decide the application as if--

(a) the application were an application to which the superseded planning scheme applied; and

(b) the existing planning scheme was not in force; and

(c) for chapter 5, part 1, the infrastructure provisions of the existing planning scheme applied; and

(d) for section 6.1.31, the existing planning scheme policy or planning scheme provision applied.