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08/0169 - MCU - Dwelling House To Be Assessed Against the Superseded Planning Scheme [As Published] · 132008.169
* INTEGRATED PLANNING ACT 1997 Attachment 1, Version 3.0, 3 September 2007 Advice for completing Attachment 1 General advice Completion of Form 1 Development Application Attachment 1 is mandatory for a development application (superseded planning scheme). Attachment 1 must be accompanied by Form 1 Development Application Part A. All questions must be answered. . A superseded planning scheme means the pianning scheme, or any related planning scheme policies, in force immediately before — (a) _ the planning scheme or policies, under which a development application is made, were adopted; or (b) the amendment, creating the superseded planning scheme, was adopted. IPA, section 3.2.5 deals with acknowledgement notices and other matters in relation to applications under superseded planning schemes. ai There are two types of development application (superseded planning scheme), as described by Q1(i) and (ii). See IPA, schedule 10 (dictionary) « For both types of development application (superseded planning scheme) the application is one - . made only to a local goverment as the assessment manager, and . made within 2 years after the day the planning scheme or planning scheme policy creating the superseded planning scheme took effect or the amendment creating the superseded planning scheme tock effect. e For the first type of development application (superseded planning scheme), the local government has discretion to agree or not agree with the request. The loca! goverment must advise in the acknowledgment notice whether the application will be assessed under the superseded planning scheme (as requested) or the existing planning scheme. « — For the second type of development application, (superseded planning scheme), the focal government has discretion to agree or not agree with the development proponent and may advise in the acknowledgment notice that a development permit is required. Proposal ID
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