4HRP3983.L01.004 - Final Application

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The proposal is assessable development under the City Plan. In this instance, an Impact Assessable
development application is required to be made to the assessment manager to acquire the necessary
development approval.
According to Section 45(5) of the Planning Act:
                “(5) An impact assessment is an assessment that—
                      (a)   must be carried out—
                            (i)     against the assessment benchmarks in a categorising instrument for the development;
                                    and
                            (ii)    having regard to any matters prescribed by regulation for this subparagraph; and
                      (b)   may be carried out against, or having regard to, any other relevant matter, other than a
                            person’s personal circumstances, financial or otherwise.”

Assessment benchmarks are described in Section 30 of the Planning Regulation 2017 (Planning Regulation):
                “(1) For section 45(5)(a)(i) of the Act, the impact assessment must be carried out against the
                     assessment benchmarks for the development stated in schedules 9 and 10.
                (2)   Also, if the prescribed assessment manager is the local government, the impact assessment must
                      be carried out against the following assessment benchmarks—
                      (a)   the assessment benchmarks stated in—
                            (i)     the regional plan for a region, to the extent the regional plan is not identified in the
                                    planning scheme as being appropriately integrated in the planning scheme; and
                            (ii)    the State Planning Policy, part E, to the extent part E is not identified in the planning
                                    scheme as being appropriately integrated in the planning scheme; and
                            (iii)   a temporary State planning policy applying to the premises;
                      (b)   if the development is not in a local government area—any local planning instrument for a
                            local government area that may be materially affected by the development;
                      (c)   if the local government is an infrastructure provider—the local government’s LGIP
                (3) However, an assessment manager may, in assessing development requiring impact assessment,
                    consider an assessment benchmark only to the extent the assessment benchmark is relevant to the
                    development.”

At the time of the lodgement of the development application, the common material comprises the application
material only. The application material includes an assessment of the proposed development against the
relevant assessment benchmarks.
Referral
Section 55(2) of the Planning Act states that:
                “For any other referral agency, a regulation may prescribe may prescribe the matters the
                   referral agency–
                     (a) may, must or must only assess a development application against; and
                     (b) may, must, or must only have regard to for the assessment. “
Part 4, Section 22(1) of the Planning Regulation states that:
                “Schedules 9 and 10 prescribe—
                    (a) for section 54(2)(a) of the Act, the referral agency for the development applications
                        stated in the schedules; and
                    (b) for section 55(2) of the Act, the matters the referral agency—
                          (i) may or must assess the development application against; and
                          (ii) may or must assess the development application having regard to.”


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