sec.41BDeciding whether there is an overriding need in the public interest for development

sec.41B Deciding whether there is an overriding need in the public interest for development

This section applies if, under schedule 10 , part 16 or 16B , a referral agency is deciding whether or not there is an overriding need, in the public interest, for development to be carried out. The referral agency may decide there is an overriding need, in the public interest, for the development to be carried out only if the development application demonstrates that— the development will have a social, economic or environmental benefit for the community that outweighs— any adverse impact on the regional biodiversity network, regional landscape values or natural economic resource areas stated in the SEQ regional plan; and the desirability of achieving the outcomes and strategies, and subregional directions, stated in the SEQ regional plan, particularly the outcomes and strategies about— consolidating urban development in the SEQ urban footprint; and preventing land fragmentation in the SEQ regional landscape and rural production area; and there will be a significant adverse economic, social or environmental impact on the community if the development is not carried out. To remove any doubt, it is declared that there is not an overriding need, in the public interest, for the development to be carried out merely because— the applicant— owns the premises; or has an interest in, or option over, the premises; or the premises are available for the carrying out of the development. s 41B ins 2017 SL No. 141 s 8 amd 2023 SL No. 195 s 5 (sec.41B-ssec.1) This section applies if, under schedule 10 , part 16 or 16B , a referral agency is deciding whether or not there is an overriding need, in the public interest, for development to be carried out. (sec.41B-ssec.2) The referral agency may decide there is an overriding need, in the public interest, for the development to be carried out only if the development application demonstrates that— the development will have a social, economic or environmental benefit for the community that outweighs— any adverse impact on the regional biodiversity network, regional landscape values or natural economic resource areas stated in the SEQ regional plan; and the desirability of achieving the outcomes and strategies, and subregional directions, stated in the SEQ regional plan, particularly the outcomes and strategies about— consolidating urban development in the SEQ urban footprint; and preventing land fragmentation in the SEQ regional landscape and rural production area; and there will be a significant adverse economic, social or environmental impact on the community if the development is not carried out. (sec.41B-ssec.3) To remove any doubt, it is declared that there is not an overriding need, in the public interest, for the development to be carried out merely because— the applicant— owns the premises; or has an interest in, or option over, the premises; or the premises are available for the carrying out of the development.