sec.87Matters to be considered in making decision

sec.87 Matters to be considered in making decision

In deciding the application, MEDQ must consider— the main purpose of this Act; and any relevant State interest; and any submissions made to it about the application, during the submission period; and the following instruments— for an application for development in, or PDA-associated development for, a provisional priority development area— if a provisional land use plan is in effect for the area when the application is decided—the provisional land use plan; or otherwise—the draft provisional land use plan for the area; for an application for development in, or PDA-associated development for, another priority development area— if a development scheme is in effect for the area when the application is decided—the development scheme; or if a development scheme is not in effect for the area when the application is decided, but there is a proposed development scheme for the area—the interim land use plan for the area and the proposed development scheme; or if a development scheme is not in effect for the area when the application is decided and there is no proposed development scheme for the area—the interim land use plan for the area; and any PDA preliminary approval in force for the relevant land; and any preliminary approval under the Planning Act in force for the relevant land; and if the application is for development in a place renewal area— a place renewal framework in effect for the area under part 4A when the application is decided; and any advice sought by MEDQ in relation to the place renewal framework or the application. Also, in deciding an application for development in, or PDA-associated development for, a priority development area other than a provisional priority development area, if— there is— a development scheme or interim land use plan for the area; and a proposed development scheme for the area; and the proposed development scheme was prepared after the development scheme or interim land use plan took effect; MEDQ may, subject to section 86 , give the weight it considers appropriate to the proposed scheme. In deciding an application for PDA-associated development for a priority development area, MEDQ may, subject to section 86 , give the weight it considers appropriate to any of the following instruments that would, under the Planning Act , have regulated the development if it were not PDA-associated development for the area— a planning instrument that applies to the relevant land; assessment benchmarks for the development prescribed by regulation under the Planning Act ; assessment benchmarks for the development made under another Act for the Planning Act . Subsection (1) (c) does not prevent MEDQ from considering a submission about the application made to it after the submission period has ended. Subsection (6) applies for deciding an application for development in, or PDA-associated development (other than PDA-associated development declared under section 40C (1) ) for, a priority development area if— more than 1 development scheme, or more than 1 interim land use plan, is in effect for the area; or 1 or more development schemes and 1 or more interim land use plans are in effect for the area. A reference in subsection (1) (d) (ii) or (2) to the development scheme, proposed development scheme or interim land use plan for the priority development area is— for an application for development in the priority development area—a reference to the development scheme, proposed development scheme or interim land use plan that applies or is proposed for the part of the area in which the development is to be carried out; or for an application for PDA-associated development (other than PDA-associated development declared under section 40C (1) ) for the priority development area—a reference to the development scheme, proposed development scheme or interim land use plan that identifies the development as PDA-associated development. In this section— proposed development scheme , for a priority development area, means a proposed development scheme, or a proposed amendment of a development scheme, for the area published under section 59 , or section 59 as applied under section 67 , that has not taken effect. s 87 amd 2016 No. 17 s 109 ; 2016 No. 27 s 186 ; 2019 No. 11 s 56 ; 2024 No. 32 s 34 (sec.87-ssec.1) In deciding the application, MEDQ must consider— the main purpose of this Act; and any relevant State interest; and any submissions made to it about the application, during the submission period; and the following instruments— for an application for development in, or PDA-associated development for, a provisional priority development area— if a provisional land use plan is in effect for the area when the application is decided—the provisional land use plan; or otherwise—the draft provisional land use plan for the area; for an application for development in, or PDA-associated development for, another priority development area— if a development scheme is in effect for the area when the application is decided—the development scheme; or if a development scheme is not in effect for the area when the application is decided, but there is a proposed development scheme for the area—the interim land use plan for the area and the proposed development scheme; or if a development scheme is not in effect for the area when the application is decided and there is no proposed development scheme for the area—the interim land use plan for the area; and any PDA preliminary approval in force for the relevant land; and any preliminary approval under the Planning Act in force for the relevant land; and if the application is for development in a place renewal area— a place renewal framework in effect for the area under part 4A when the application is decided; and any advice sought by MEDQ in relation to the place renewal framework or the application. (sec.87-ssec.2) Also, in deciding an application for development in, or PDA-associated development for, a priority development area other than a provisional priority development area, if— there is— a development scheme or interim land use plan for the area; and a proposed development scheme for the area; and the proposed development scheme was prepared after the development scheme or interim land use plan took effect; MEDQ may, subject to section 86 , give the weight it considers appropriate to the proposed scheme. (sec.87-ssec.3) In deciding an application for PDA-associated development for a priority development area, MEDQ may, subject to section 86 , give the weight it considers appropriate to any of the following instruments that would, under the Planning Act , have regulated the development if it were not PDA-associated development for the area— a planning instrument that applies to the relevant land; assessment benchmarks for the development prescribed by regulation under the Planning Act ; assessment benchmarks for the development made under another Act for the Planning Act . (sec.87-ssec.4) Subsection (1) (c) does not prevent MEDQ from considering a submission about the application made to it after the submission period has ended. (sec.87-ssec.5) Subsection (6) applies for deciding an application for development in, or PDA-associated development (other than PDA-associated development declared under section 40C (1) ) for, a priority development area if— more than 1 development scheme, or more than 1 interim land use plan, is in effect for the area; or 1 or more development schemes and 1 or more interim land use plans are in effect for the area. (sec.87-ssec.6) A reference in subsection (1) (d) (ii) or (2) to the development scheme, proposed development scheme or interim land use plan for the priority development area is— for an application for development in the priority development area—a reference to the development scheme, proposed development scheme or interim land use plan that applies or is proposed for the part of the area in which the development is to be carried out; or for an application for PDA-associated development (other than PDA-associated development declared under section 40C (1) ) for the priority development area—a reference to the development scheme, proposed development scheme or interim land use plan that identifies the development as PDA-associated development. (sec.87-ssec.7) In this section— proposed development scheme , for a priority development area, means a proposed development scheme, or a proposed amendment of a development scheme, for the area published under section 59 , or section 59 as applied under section 67 , that has not taken effect.