sec.30Decision on application if site requires rezoning

sec.30 Decision on application if site requires rezoning

The local government must decide, in accordance with this section, an application for approval of a mixed use scheme in relation to a site that is not taken to be zoned for the mixed use development proposed. The application for approval of the mixed use scheme may accompany the application to amend the relevant planning scheme to allow the mixed use development proposed. The public notice and objection requirements that apply under the Local Government (Planning and Environment) Act 1990 to the application to amend the planning scheme do not apply to the application for approval of the mixed use scheme. If the application for approval of the mixed use scheme accompanies the application to amend the planning scheme, the local government must decide both applications at the same time. The local government may— approve the mixed use scheme; or approve the mixed use scheme subject to reasonable and relevant conditions determined by it; or refuse to approve the mixed use scheme. s 30 amd 1999 No. 30 s 98 sch 3 pt 1 (sec.30-ssec.1) The local government must decide, in accordance with this section, an application for approval of a mixed use scheme in relation to a site that is not taken to be zoned for the mixed use development proposed. (sec.30-ssec.2) The application for approval of the mixed use scheme may accompany the application to amend the relevant planning scheme to allow the mixed use development proposed. (sec.30-ssec.3) The public notice and objection requirements that apply under the Local Government (Planning and Environment) Act 1990 to the application to amend the planning scheme do not apply to the application for approval of the mixed use scheme. (sec.30-ssec.4) If the application for approval of the mixed use scheme accompanies the application to amend the planning scheme, the local government must decide both applications at the same time. (sec.30-ssec.5) The local government may— approve the mixed use scheme; or approve the mixed use scheme subject to reasonable and relevant conditions determined by it; or refuse to approve the mixed use scheme.

• (a) approve the mixed use scheme; or
• (b) approve the mixed use scheme subject to reasonable and relevant conditions determined by it; or
• (c) refuse to approve the mixed use scheme.