Planning Act 1999
51Matters to be taken into account
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51 Matters to be taken into account (1) A consent authority must, in considering a development application, take into account any of the following relevant to the development: (a) any planning scheme that applies to the land to which the application relates; (b) any proposed amendments to such a planning scheme: (i) that have been or are on exhibition under Part 2, Division 3;
Planning Act 1999 70 (ii) in respect of which a decision has not been made under Part 2, Division 5; and (iii) that are relevant to the development proposed in the development application; (c) an interim development control order, if any, in respect of the land to which the application relates; (d) an environment protection objective as defined in section 4(1) of the Waste Management and Pollution Control Act 1998 that is relevant to the land to which the application relates; (e) any submissions made under section 49, and any evidence or information received under section 50, in relation to the development application; (f) a matter that the Minister has, under section 85, directed it to consider in relation to development applications generally; (h) the merits of the proposed development as demonstrated in the application; (j) the capability of the land to which the proposed development relates to support the proposed development and the effect of the development on the land and on other land, the physical characteristics of which may be affected by the development; (k) the public facilities or public open space available in the area in which the land is situated and the requirement, if any, for the facilities, or land suitable for public recreation, to be provided by the developer; (m) the public utilities or infrastructure provided in the area in which the land is situated, the requirement for public facilities and services to be connected to the land and the requirement, if any, for those facilities, infrastructure or land to be provided by the developer for that purpose; (n) the potential impact on the existing and future amenity of the (p) the public interest, including (if relevant) how the following matters are provided for in the application: (i) community safety through crime prevention principles in design; (ii) water safety;
Planning Act 1999 71 (iii) access for persons with disabilities; (pa) for a proposed subdivision or consolidation of land in a Restricted Water Extraction Area – whether the subdivision or consolidation complies with the restrictions of sections 14A section 14C(1) of that Act; (q) for a proposed subdivision of land on which a building is, or will be, situated – whether the building complies, or will comply, with any requirements prescribed by regulation in relation to the building (including, for example, requirements about the structural integrity and fire safety of the building); (r) any potential impact on natural, social, cultural or heritage values, including, for example, the heritage significance of a heritage place or object under the Heritage Act 2011; (s) any beneficial uses, quality standards, criteria, or objectives, (t) other matters it thinks fit. (2) If a development proposal is required to be referred to the NT EPA consent authority must not make a decision under this Division in relation to a development application for the proposal unless: (3) When considering a development application under subsection (1), the consent authority must apply the relevant considerations to only those components of the development that triggered the requirement for consent under the planning scheme.