08/1704 - Operational Works - Prescribed Tidal Works - Transport Type 5 - Domestic Marine (Properly Made) [As Published] · 142008.1704

s 2.1.23

60 s 2.1.23
Integrated Planning Act 1997

 

Division 6

Local planning instruments
generally

2.1.23 Local planning instruments have force of law

(1) A local planning instrument is a statutory instrament under
the Statutory Instruments Act 1992 and has the force of law.

(2)

(3)

(4)

A local planning instrument may not prohibit development
on, or the use of, premises.

Subject to part 5B, a planning scheme or a temporary local
planning instrument can regulate a use of premises, but
only—

(a)

(b)

by applying to the use a code identified in the planning
scheme or temporary local planning instrument; and
if-—

(i) the use is a natural and ordinary consequence of

making a material change of use of the premises
happening after the code took effect; and

(ii) the making of the material change of use is
assessable or self-assessable development.

A planning scheme policy may only do | or more of the
following—

(a)
(b)
(c)

(d)
(e)

state information a local government may request for a
development application,

state the consultation the local government may carry
out under section 3.2.7;

state actions a local government may take to support the
process for making or amending its planning scheme,

contain standards identified in a code;

include guidelines or advice about satisfying assessment
criteria in the planning scheme.

(5) Subsections (2) to (4) apply despite subsection (1).