List the matters taken into account in determining a development application
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Set out the matters in section 4.15(1) as a list, and leave blank whether each is of relevance to this development: the provisions of any environmental planning instrument; any proposed instrument that is or has been the subject of public consultation under the Act and has been notified to the consent authority, unless the Planning Secretary has notified that making it has been deferred indefinitely or has not been approved; any development control plan; any planning agreement entered into under section 7.4, or any draft planning agreement a developer has offered to enter into under section 7.4; the regulations to the extent they prescribe matters for that paragraph; the significant likely impacts of the development, including environmental impacts on the natural and built environments and social and economic impacts in the locality; the suitability of the site; any submissions made in accordance with the Act or the regulations; and the public interest. If the lawyer has marked the application as targeted assessment development, record that only the instrument provisions and the submissions, so far as relevant, are considered, and that impacts, site suitability and the public interest are not. Do not decide relevance. Do not summarise the controls.
- What the lawyer must review
- The lawyer decides which matters are relevant and how they are weighed. Section 4.15(1) of the Environmental Planning and Assessment Act 1979 (NSW) requires a consent authority, in determining a development application, to take into consideration such of those matters as are of relevance. Subsections (1A) and (1B) allow regulations to declare factors that are or are not relevant to impacts, suitability or the public interest, and a declared non-relevant factor must not be considered. Those regulations were not opened. Subsections (1C) and (1D) narrow the matters for targeted assessment development to subsection (1)(a) and (d). The term is not defined on this page. Subsection (3A) limits how a development control plan is used: compliant standards are not to be made more onerous; non-compliant standards are applied flexibly to allow reasonable alternative solutions that achieve the objects of the standards; and the provisions may be considered only in connection with the assessment of that application. Standards there include performance criteria. The tool does not decide compliance or a reasonable alternative. Subsection (4) says consent must not be refused on the ground that a building product or system does not comply with a Building Code of Australia requirement if it is accredited for that requirement in accordance with the regulations. Those regulations were not opened, so accreditation is not decided. Section 7.4 was not opened. This task does not draft an objection, a submissions summary, or an assessment report.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Set out the matters in section 4.15(1) as a list, and leave blank whether each is of relevance to this development: the provisions of any environmental planning instrument; any proposed instrument that is or has been the subject of public consultation under the Act and has been notified to the consent authority, unless the Planning Secretary has notified that making it has been deferred indefinitely or has not been approved; any development control plan; any planning agreement entered into under section 7.4, or any draft planning agreement a developer has offered to enter into under section 7.4; the regulations to the extent they prescribe matters for that paragraph; the significant likely impacts of the development, including environmental impacts on the natural and built environments and social and economic impacts in the locality; the suitability of the site; any submissions made in accordance with the Act or the regulations; and the public interest. If the lawyer has marked the application as targeted assessment development, record that only the instrument provisions and the submissions, so far as relevant, are considered, and that impacts, site suitability and the public interest are not. Do not decide relevance. Do not summarise the controls. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Leave relevance blank. Do not weigh the matters.
- Use the narrower list only where the lawyer has marked targeted assessment development.
- Do not apply a regulation that declares a factor relevant or irrelevant. Those regulations were not opened.
- Do not decide that a building product is accredited.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.