05. Town Planning Report · MCU10/2127

 VIRIDIAN NOOSA - PROPOSAL REPORT




                                 (c)      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;

                                 (d)      State planning policies, to the extent the policies are not identified
                                          in—

                                          (i)        any relevant regional plan as being appropriately reflected in
                                                     the regional plan; or

                                          (ii)       the planning scheme as being appropriately reflected in the
                                                     planning scheme;

                                 (e)      a structure plan;

                                 (f)      for development in a declared master planned area—all master plans
                                          for the area;

                                 (g)      a temporary local planning instrument;

                                 (h)      a preliminary approval to which section 242 applies;

                                 (i)      a planning scheme;

                                 (j)      for development not in a planning scheme area—any planning
                                          scheme or temporary local planning instrument for a planning
                                          scheme area that may be materially affected by the development;

                                 (k)      if the assessment manager is an infrastructure provider—the priority
                                          infrastructure plan.

                        (3)      In addition to the matters or things against which the assessment manager
                                 must assess the application under subsection (2), the assessment manager
                                 must assess the part of the application having regard to the following—

                                 (a)      the common material;

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

                                 (c)      any referral agency’s response for the application.”

                    According to Section 326 of the SPA:
                        “(1)     The assessment manager’s decision must not conflict with a relevant
                                 instrument unless—

                                 (a)      the conflict is necessary to ensure the decision complies with a State
                                          planning regulatory provision; or

                                 (b)      there are sufficient grounds to justify the decision, despite the
                                          conflict; or

                                 (c)      the conflict arises because of a conflict between—

                                          (i)        2 or more relevant instruments of the same type, and the
                                                     decision best achieves the purposes of the instruments; or




   HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS                                                                    19
   20-Dec-10 - 10BR087.R01.010.docx