7Concurrence of Planning Secretary

7 Concurrence of Planning Secretary

7.1 Concurrence of Planning Secretary

(1) The objective of this clause is to ensure designated State public infrastructure is sufficient to address the impact of intensive subdivision of land in an urban release area.

(2) This clause applies to the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area.

(3) Development consent must not be granted for the subdivision unless the consent authority has obtained the concurrence of the Planning Secretary.

(4) In deciding whether to grant concurrence, the Planning Secretary must consider the following—

(a) the impact of the subdivision on—

(i) existing designated State public infrastructure, and

(ii) the need for additional designated State public infrastructure,

(b) the cumulative impact of the subdivision with other development that has been, or is likely to be, carried out in surrounding areas on—

(i) existing designated State public infrastructure, and

(ii) the need for additional designated State public infrastructure,

(c) the steps taken to address those impacts, including whether a planning agreement has been, or will be, entered into to contribute to designated State public infrastructure.

(5) In deciding whether to grant concurrence, the Planning Secretary must also consult the public authorities that the Planning Secretary considers relevant to the development.

(6) This clause does not apply to subdivision of the following land—

(a) land in a region within the meaning of the Act, Division 7.1, Subdivision 4, or land that includes land in a region,

(b) a lot that is, in the Planning Secretary’s opinion, a residue lot,

(c) a lot created by a subdivision of land under a previous development consent granted in accordance with—

(i) this clause, or