sec.22Referral agency’s assessment generally— Act , ss 54 , 55 and 56

sec.22 Referral agency’s assessment generally— Act , ss 54 , 55 and 56

Schedules 9 and 10 prescribe— for section 54 (2) (a) of the Act , the referral agency for the development applications stated in the schedules; and for section 55 (2) of the Act , the matters the referral agency— may or must assess the development application against; and may or must assess the development application having regard to. For section 55 (2) (a) of the Act , a referral agency for a development application must also assess the application against the following matters, unless the referral agency is the chief executive— the laws administered by the referral agency; the policies that are reasonably identifiable as policies applied by the referral agency. For section 55 (2) (b) of the Act , a referral agency for a development application must also assess the application having regard to— if the referral agency is the chief executive— the strategic outcomes for the local government area stated in the planning scheme; and the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and the strategic intent and desired regional outcomes stated in the regional plan for a region; and the State Planning Policy, parts C and D; and for premises designated by the Minister—the designation for the premises; and if the referral agency is a person other than the chief executive— a local planning instrument applying to the premises; and the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and for premises that are designated premises—the designation; and any temporary State planning policy applying to the premises; and any development approval applying to the premises; and to the extent the referral agency’s powers involve assessing the cost impacts of supplying infrastructure for development under chapter 4 , part 2 , division 2 , subdivision 3 or part 3 of the Act —any relevant charges resolution; and material about the application received by the referral agency, including material received before the application was made. See also section 23 . A referral agency may consider a matter stated in subsection (1) (b) , (2) or (3) only to the extent the referral agency considers the matter is relevant to the development. For section 56 (5) of the Act , a referral agency’s powers for a development application are limited in the way stated for the application in schedule 9 or 10 . (sec.22-ssec.1) Schedules 9 and 10 prescribe— for section 54 (2) (a) of the Act , the referral agency for the development applications stated in the schedules; and for section 55 (2) of the Act , the matters the referral agency— may or must assess the development application against; and may or must assess the development application having regard to. (sec.22-ssec.2) For section 55 (2) (a) of the Act , a referral agency for a development application must also assess the application against the following matters, unless the referral agency is the chief executive— the laws administered by the referral agency; the policies that are reasonably identifiable as policies applied by the referral agency. (sec.22-ssec.3) For section 55 (2) (b) of the Act , a referral agency for a development application must also assess the application having regard to— if the referral agency is the chief executive— the strategic outcomes for the local government area stated in the planning scheme; and the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and the strategic intent and desired regional outcomes stated in the regional plan for a region; and the State Planning Policy, parts C and D; and for premises designated by the Minister—the designation for the premises; and if the referral agency is a person other than the chief executive— a local planning instrument applying to the premises; and the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and for premises that are designated premises—the designation; and any temporary State planning policy applying to the premises; and any development approval applying to the premises; and to the extent the referral agency’s powers involve assessing the cost impacts of supplying infrastructure for development under chapter 4 , part 2 , division 2 , subdivision 3 or part 3 of the Act —any relevant charges resolution; and material about the application received by the referral agency, including material received before the application was made. See also section 23 . (sec.22-ssec.4) A referral agency may consider a matter stated in subsection (1) (b) , (2) or (3) only to the extent the referral agency considers the matter is relevant to the development. (sec.22-ssec.5) For section 56 (5) of the Act , a referral agency’s powers for a development application are limited in the way stated for the application in schedule 9 or 10 .