sec.27Matters code assessment must have regard to generally— Act , s 45

sec.27 Matters code assessment must have regard to generally— Act , s 45

For section 45 (3) (b) of the Act , the code assessment must be carried out having regard to— the matters stated in schedules 9 and 10 for the development; and if the prescribed assessment manager 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 prescribed assessment manager is a person other than the chief executive or the local government—the planning scheme; and if the prescribed assessment manager is a person other than the chief executive— 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 designated premises—the designation for the premises; and any temporary State planning policy applying to the premises; and any development approval for, and any lawful use of, the premises or adjacent premises; and the common material. However— an assessment manager may, in assessing development requiring code assessment, consider a matter mentioned in subsection (1) only to the extent the assessment manager considers the matter is relevant to the development; and if an assessment manager is required to carry out code assessment against assessment benchmarks in an instrument stated in subsection (1) , this section does not require the assessment manager to also have regard to the assessment benchmarks. (sec.27-ssec.1) For section 45 (3) (b) of the Act , the code assessment must be carried out having regard to— the matters stated in schedules 9 and 10 for the development; and if the prescribed assessment manager 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 prescribed assessment manager is a person other than the chief executive or the local government—the planning scheme; and if the prescribed assessment manager is a person other than the chief executive— 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 designated premises—the designation for the premises; and any temporary State planning policy applying to the premises; and any development approval for, and any lawful use of, the premises or adjacent premises; and the common material. (sec.27-ssec.2) However— an assessment manager may, in assessing development requiring code assessment, consider a matter mentioned in subsection (1) only to the extent the assessment manager considers the matter is relevant to the development; and if an assessment manager is required to carry out code assessment against assessment benchmarks in an instrument stated in subsection (1) , this section does not require the assessment manager to also have regard to the assessment benchmarks.