Part 5 Tables of Assessment

Preliminary

The tables in this part identify the category of development, and the category of assessment and assessment benchmarks for assessable development in the planning scheme area.

The category of development, being:

  1. prohibited;
  2. accepted, including accepted with requirements; and
  3. assessable development, that requires either code or impact assessment

The category of assessment - code or impact - for assessable development in:

  1. a zone and, where used, a precinct of a zone;
  2. a local plan, where used and, where used, a precinct of a local plan; and
  3. an overlay where used
  4. the assessment benchmarks for assessable development, including:
  5. whether a zone code or specific provisions in the zone code apply (shown in the ‘assessment benchmarks’ column);
  6. if there is a local plan, whether a local plan code or specific provisions in the local plan code apply (shown in the “assessment benchmarks” column);
  7. if there is an overlay:
    1. whether an overlay code applies (shown in Table 5.10.1—Assessment benchmarks for overlays) or
    2. whether the assessment benchmarks as shown on the overlay map (noted in the “assessment benchmarks” column) applies;
  8. any other applicable code(s) (shown in the “assessment benchmarks” column).
  1. any variation to the category of assessment (shown as an “if” in the ‘category of assessment’ column) that applies to the development.

Note—Development will only be taken to be prohibited development under the planning scheme if it is identified as prohibited development in Schedule 10 of the Regulation.

Editor’s note—Examples of matters that can vary the category of assessment are gross floor area, height, numbers of people or precinct provisions.

Process for determining the category of development and the category of assessment for assessable development

The process for determining a category of development and category of assessment is:

Establish the use by reference to Schedule 1 - SC 1.1: Use definitions

For the purposes of Schedule 6, Part 2 Material change of use section(2)(2)(d) (i) or (ii) of the Regulation, an overlay does not apply to the premises if the development meets the acceptable outcomes that form the requirements for accepted development in the relevant overlay code.

Step 1 - Identify the following:

  1. The zone or zone precinct that applies to the premises
    1. A precinct of a zone may change the categories of development or assessment and this will be shown in the “category of assessment” column of the tables in sections 5.5,5.6, 5.7, 5.8 and 5.9

    2. Where an aspect of development is proposed on premises included in more than one zone, local plan or overlay, the category of development or assessment for that aspect is the highest category under each of the applicable zones, local plans or overlays.

  2. If a local plan or local plan precinct applies to the premises
    1. If a local plan applies, refer to the table(s) in section 5.6 categories of assessment—Local plans, to determine if the local plan changes the categories of development or assessment for the zone;
    2. If a precinct of a local plan changes the category of development or assessment this will be shown in the “categories of development and assessment” column of the table(s) in section 5.6;
  3. If an overlay applies to the premises
    1. If an overlay applies, refer to section 5.10 categories of development and assessment—Overlays, to determine if the overlay further changes the category of development or assessment.
    2. Where an aspect of development is proposed on premises included in more than one zone, local plan or overlay, the category of development or assessment for that aspect is the highest category under each of the applicable zones, local plans or overlays.

    3. Where development is proposed on premises partly affected by an overlay, the category of development or assessment for the overlay only relates to the part of the premises affected by the overlay.

Step 2 - Determine if the development is accepted development

Editor’s note—Schedule 6 of the Regulation prescribes development that a planning scheme can not state is assessable development where the matters identified in the schedule are met.

Step 3 - Determine if the development is assessable development

Refer to the tables in the regulated categories of development and categories of assessment prescribed by the Regulation.

If the development is not listed in the tables, refer to development prescribed under Schedules 6 of the Regulation

Step 4 - Determine the initial category of assessment

  • section 5.5 Categories of development and assessment—Material change of use
  • section 5.7 Categories of development and assessment—Reconfiguring a lot
  • section 5.8 Categories of development and assessment—Building work and
  • section 5.9 Categories of development and assessment—Operational work;

If development is identified as having a different category of development or category of assessment under a zone than under a local plan or an overlay, the highest category of development or assessment applies as follows:

  1. accepted development subject to requirements prevails over accepted development;
  2. code assessment prevails over accepted development where subject to requirements and accepted development;
  3. impact assessment prevails over code assessment, accepted development where subject to requirements and accepted development.

Despite sub-subsections 5.3.2(4) and (7), a category of assessment in a local plan overrides a category of assessment in a zone and a category of assessment in an overlay overrides a category of assessment in a zone or local plan.

The category of development for development identified in schedule 6 of the Regulation, overrides all other categories of development or assessment for that development under the planning scheme to the extent of any inconsistency.

Editor’s note—Schedule 7 of the Regulation also identifies development that the state categorises as accepted development. Some development in the schedule may still be made assessable under the planning scheme.

Determining the category of development and categories of assessment

  • Material Change of Use

    A Material Change of Use is assessable development requiring impact assessment:

    (a) unless the table of assessment states otherwise;
    (b) if a use is not listed or defined;
    (c) unless otherwise prescribed in the Act or the Regulation.

  • Reconfiguring a Lot

    Reconfiguring a Lot is assessable development requiring code assessment unless the tables of assessment state otherwise or unless otherwise prescribed in the Act or the Regulation

  • Prohibited Development

    Despite all of the above, if development is listed as prohibited development under Schedule 10 of the Regulation, a development application cannot be made.

    Note—Development is to be taken to be prohibited development under the planning scheme only if it is identified in Schedule 10 the Regulation.

Development