sec.360Development in development control plan areas

### sec.360 Development in development control plan areas Despite section 316(2), the old Act, section 857(3) does not apply in relation to an application, made after the commencement, for a development approval for development on premises to which a development control plan applies. The application must be made, assessed, decided and otherwise dealt with as a development application under this Act. For applying subsection (3)— if the development control plan states the development is a particular category of development—the development is categorised in the way stated; and if the development control plan states the development is to be assessed against particular matters—the development is to be assessed against the matters stated. A regulation may prescribe anything necessary or convenient to be prescribed for interpreting or applying this section or a development control plan, including, but not limited to— transitioning a category of development or category of assessment stated in a development control plan to a category of development or category of assessment under this Act; or stating how an assessment matter in a development control plan applies to the carrying out, after the commencement, of development on premises to which the plan applies; or providing for the relationship between— a development control plan and a regulation, including the relationship between an assessment matter in a development control plan and a matter prescribed by regulation under this Act; or a development control plan and a local planning instrument. In this section— assessment matter , in a development control plan, means a category of development, category of assessment, assessment benchmark or any other matter relating to the assessment of development, stated in the development control plan. s 360 ins 2024 No. 13 s 60 (sec.360-ssec.2) Despite section 316(2), the old Act, section 857(3) does not apply in relation to an application, made after the commencement, for a development approval for development on premises to which a development control plan applies. (sec.360-ssec.3) The application must be made, assessed, decided and otherwise dealt with as a development application under this Act. (sec.360-ssec.4) For applying subsection (3)— if the development control plan states the development is a particular category of development—the development is categorised in the way stated; and if the development control plan states the development is to be assessed against particular matters—the development is to be assessed against the matters stated. (sec.360-ssec.5) A regulation may prescribe anything necessary or convenient to be prescribed for interpreting or applying this section or a development control plan, including, but not limited to— transitioning a category of development or category of assessment stated in a development control plan to a category of development or category of assessment under this Act; or stating how an assessment matter in a development control plan applies to the carrying out, after the commencement, of development on premises to which the plan applies; or providing for the relationship between— a development control plan and a regulation, including the relationship between an assessment matter in a development control plan and a matter prescribed by regulation under this Act; or a development control plan and a local planning instrument. (sec.360-ssec.6) In this section— assessment matter , in a development control plan, means a category of development, category of assessment, assessment benchmark or any other matter relating to the assessment of development, stated in the development control plan. - (a) if the development control plan states the development is a particular category of development—the development is categorised in the way stated; and - (c) if the development control plan states the development is to be assessed against particular matters—the development is to be assessed against the matters stated. - (a) transitioning a category of development or category of assessment stated in a development control plan to a category of development or category of assessment under this Act; or - (b) stating how an assessment matter in a development control plan applies to the carrying out, after the commencement, of development on premises to which the plan applies; or - (c) providing for the relationship between— (i) a development control plan and a regulation, including the relationship between an assessment matter in a development control plan and a matter prescribed by regulation under this Act; or (ii) a development control plan and a local planning instrument. - (i) a development control plan and a regulation, including the relationship between an assessment matter in a development control plan and a matter prescribed by regulation under this Act; or - (ii) a development control plan and a local planning instrument. - (i) a development control plan and a regulation, including the relationship between an assessment matter in a development control plan and a matter prescribed by regulation under this Act; or - (ii) a development control plan and a local planning instrument.