sec.57Content of development scheme

sec.57 Content of development scheme

A development scheme may provide for any matter that MEDQ considers will promote the proper and orderly planning, development and management of the relevant area. The development scheme must include— a land use plan regulating development in the relevant area; and a plan for infrastructure in the relevant area; and an implementation strategy to achieve the main purpose of this Act for the relevant area, to the extent it is not achieved by the land use plan or the plan for infrastructure. Without limiting subsection (2) (a) , the land use plan may— provide for requirements relating to any of the following— the supply of social housing; the supply of affordable housing; the payment of an amount in lieu of the supply of social housing or affordable housing; or provide for any matter about which a planning instrument may provide for an area; or identify any PDA assessable development or PDA accepted development in the relevant area; or identify development, other than development that is to be carried out entirely within the priority development area, as PDA-associated development for the priority development area; or prohibit the carrying out of particular PDA assessable development; or state that particular development is consistent or inconsistent with the plan; or require public notice of PDA development applications for stated PDA assessable development. However, the land use plan may, under subsection (3) (c) , identify development as PDA-associated development for the priority development area only if MEDQ is satisfied— the Planning Act may have an adverse effect on the delivery of the development if the development were not identified as PDA-associated development for the area; and 1 of the following applies— the development provides development infrastructure for the priority development area to address the impacts of any development within the area, whether or not the development infrastructure also has another function or purpose; the development— promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and gives effect to the main purpose of this Act in the State or in the region in which the priority development area is located; and can not reasonably be located or accommodated entirely within the priority development area; the development satisfies another requirement prescribed by regulation; and the development does not compromise the implementation of the relevant development instrument for the priority development area. If the land use plan identifies development as PDA-associated development for the priority development area, the plan must also— identify whether the development is PDA assessable development or PDA accepted development; and include a description of the land on which the development is proposed to be located; and include a description of the development, including plans and supporting documentation. Despite subsections (1) and (2) , the development scheme is subject to part 4 , division 2 . In this section— relevant area , in relation to a development scheme for a priority development area, means— if the scheme applies for the entire priority development area—the priority development area; or otherwise—the part of the priority development area for which the scheme applies. s 57 amd 2016 No. 17 s 100 ; 2016 No. 27 s 180 ; 2019 No. 11 s 44 ; 2024 No. 32 s 28 (sec.57-ssec.1) A development scheme may provide for any matter that MEDQ considers will promote the proper and orderly planning, development and management of the relevant area. (sec.57-ssec.2) The development scheme must include— a land use plan regulating development in the relevant area; and a plan for infrastructure in the relevant area; and an implementation strategy to achieve the main purpose of this Act for the relevant area, to the extent it is not achieved by the land use plan or the plan for infrastructure. (sec.57-ssec.3) Without limiting subsection (2) (a) , the land use plan may— provide for requirements relating to any of the following— the supply of social housing; the supply of affordable housing; the payment of an amount in lieu of the supply of social housing or affordable housing; or provide for any matter about which a planning instrument may provide for an area; or identify any PDA assessable development or PDA accepted development in the relevant area; or identify development, other than development that is to be carried out entirely within the priority development area, as PDA-associated development for the priority development area; or prohibit the carrying out of particular PDA assessable development; or state that particular development is consistent or inconsistent with the plan; or require public notice of PDA development applications for stated PDA assessable development. (sec.57-ssec.4) However, the land use plan may, under subsection (3) (c) , identify development as PDA-associated development for the priority development area only if MEDQ is satisfied— the Planning Act may have an adverse effect on the delivery of the development if the development were not identified as PDA-associated development for the area; and 1 of the following applies— the development provides development infrastructure for the priority development area to address the impacts of any development within the area, whether or not the development infrastructure also has another function or purpose; the development— promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and gives effect to the main purpose of this Act in the State or in the region in which the priority development area is located; and can not reasonably be located or accommodated entirely within the priority development area; the development satisfies another requirement prescribed by regulation; and the development does not compromise the implementation of the relevant development instrument for the priority development area. (sec.57-ssec.5) If the land use plan identifies development as PDA-associated development for the priority development area, the plan must also— identify whether the development is PDA assessable development or PDA accepted development; and include a description of the land on which the development is proposed to be located; and include a description of the development, including plans and supporting documentation. (sec.57-ssec.6) Despite subsections (1) and (2) , the development scheme is subject to part 4 , division 2 . (sec.57-ssec.7) In this section— relevant area , in relation to a development scheme for a priority development area, means— if the scheme applies for the entire priority development area—the priority development area; or otherwise—the part of the priority development area for which the scheme applies.