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Part 5  Tables of assessment

5.1 Preliminary
5.2 Reading the tables
5.3 Levels of assessment
5.4 Prescribed levels of assessment
5.5 Levels of assessment - Material change of use
5.6 Levels of assessment - Reconfiguring a lot
5.7 Levels of assessment - Operational work
5.8 Levels of assessment - Building work

 

5.1  Preliminary

The tables in this part identify the level of assessment and assessment criteria for development within the planning scheme area.

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5.2  Reading the tables

The tables identify the following:

  1. development that is prohibited, exempt or requires self, compliance, code or impact assessment
  2. the level of assessment for development in:
    1. a zone and, where used, a precinct of a zone
  3. the assessment criteria for development, including:
    1. whether a zone code or specific provisions in the zone code apply (shown in the ‘assessment criteria’ column)
    2. any other applicable code(s) (shown in the ‘assessment criteria’ column)
  4. any variation to the level of assessment (shown as an ‘if’ in the ‘level 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 in Schedule 1 of the Act, a state planning regulatory provision or in the standard planning scheme provisions.

Editor’s note — Examples of a variation are gross floor area, height, numbers of people or precinct provisions. 

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5.3  Levels of assessment

5.3.1  Process for determining the level of assessment

The process for determining a level of assessment is:

  1. for a material change of use, establish the use by reference to the use definitions in Schedule 1
  2. for all development, identify the following:
    1. the zone or zone precinct that applies to the premises, by reference to the zone map in Schedule 2
  3. determine if the development has a prescribed level of assessment, by reference to the tables in section 5.4 Prescribed levels of assessment
  4. if the development is not listed in the tables in section 5.4 Prescribed levels of assessment, determine the initial level of assessment by reference to the tables in:
  • section 5.5 Levels of assessment—Material change of use
  • section 5.6 Levels of assessment—Reconfiguring a lot
  • section 5.7 Levels of assessment—Operational work
  1. a precinct of a zone may change the level of assessment and this will be shown in the ‘level of assessment’ column of the tables in sections 5.5

5.3.2  Determining the level of assessment

  1. A material change of use is impact assessable:
    1. unless the table of assessment states otherwise
    2. if a use is not listed or defined
    3. unless otherwise prescribed in the Act or the Regulation.
  2. Reconfiguring a lot is code assessable unless the tables of assessment state otherwise or unless otherwise prescribed in the Act or the Regulation.
  3. Building work and operational work are exempt development, unless the tables of assessment state otherwise or unless otherwise prescribed in the Act or the Regulation.
  4. Where development is proposed on premises included in more than one zone, the level of assessment is the highest level for each aspect of the development under each of the applicable zones.
  5. State prescribed levels of assessment identified in section 5.4, override all other levels of assessment for that development, with the exception of the Act or the Regulation.
  6. Despite all of the above, if development is listed as prohibited development under Schedule 1 of the Act, a development application cannot be made.

Note—Development is to be only taken to be prohibited development under the planning scheme if it is identified in Schedule 1 of the Act, a state planning regulatory provision or in section <insert relevant section relating to prescribed levels> of the standard planning scheme provisions.

5.3.3  Determining the assessment criteria

The following rules apply in determining assessment criteria for each level of assessment:

  1. Self-assessable development:
    1. is to be assessed against all the identified self-assessable Acceptable outcomes of the applicable code(s) identified in the assessment criteria column
    2. that complies with the self-assessable Acceptable outcomes of the applicable code(s) complies with the code(s)
    3. that does not comply with one or more identified self-assessable Acceptable outcomes of the applicable code(s) becomes code assessable development unless otherwise specified.
  2. Development requiring compliance assessment:
    1. is to be assessed against all the identified compliance outcomes of the applicable code(s) identified in the assessment criteria column
    2. that complies with, or is conditioned to comply with, the compliance outcome(s) complies with the code(s).
  3. Code assessable development:
    1. is to be assessed against all the applicable codes identified in the assessment criteria column.
    2. that occurs as a result of development becoming code assessable pursuant to sub-section 5.3.3(1)(c), should:
      1. be assessed against the assessment criteria for the development application, limited to the subject matter of the self-assessable Acceptable outcomes that were not complied with or were not capable of being complied with under sub-section 5.3.3(2)(c)
      2. comply with all self-assessable Acceptable outcomes identified in sub-section 5.3.3(1)(a), other than those mentioned in sub-section 5.3.3(1)(c);
    3. that complies with:
      1. the purpose and overall outcomes of the code complies with the code
      2. the performance or Acceptable outcomes complies with the purpose and overall outcomes of the code;
    4. is to have regard to the purposes of any instrument containing an applicable code.

Note—In relation to section 5.3.3(3)(d) above, and in regard to section 313(3)(d) of the Act, the strategic framework is considered to be the purpose of the instrument containing an applicable code.

  1. Impact assessable development:
    1. is to be assessed against all identified code(s) in the assessment criteria column (where relevant)
    2. is to be assessed against the planning scheme, to the extent relevant.

Note—The first row of each table of assessment is to be checked to confirm if there are assessment criteria that commonly apply to general scenarios in the zone.

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5.4  Prescribed levels of assessment

For the development specified in the "use", "zone" or "development" columns, the levels of assessment are prescribed.

Use Level of assessment Assessment criteria

Table 5.4.1 - Prescribed levels of assessment: material change of use

Community residence Self-assessment
If in a residential zone or residential zone category or a rural residential zone Community residence code

Cropping (where forestry for wood production)

Self-assessment
If in a rural zone Forestry for wood production code
Editor’s note—the assessment level is capped at code assessment when a local government establishes a variation to “Cropping” where forestry for wood production  

 

Zone Level of assessment Assessment criteria

Table 5.4.2 - Prescribed levels of assessment: reconfiguring a lot

Residential zone category or industry zone category Compliance assessment
Subdivision of one lot into two lots (and associated operational work) if compliance assessment is required under Schedule 18 of the Regulation Reconfiguring a lot (subdividing one lot into two lots) and associated operational work code

 

Zone Level of assessment Assessment criteria

Table 5.4.3 - Prescribed levels of assessment: operational work

Residential zone category or industry zone category Compliance assessment
Operational work associated with reconfiguring a lot requiring compliance assessment under Schedule 18 of the Regulation Reconfiguring a lot (subdividing one lot into two lots) and associated operational work code

 

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5.5  Levels of assessment - Material change of use

The following tables identify the levels of assessment for development in a zone for making a material change of use.

Use Level of assessment Assessment criteria

Table 5.5.1 - Township zone

All Code assessment
If located on a land identified in Schedule 5 – Local Heritage Places  General development code (AO34.1 & AO34.2)

Landing
Editor’s note—Landings are separately regulated under the Prescribed Tidal Works Code.
Park

Exempt
If in a rural zone Forestry for wood production code
Renewable energy facility Exempt

If:

  1. ​provided by a public sector entity;
  2. not located in a flood hazard area shown on Schedule 2 – flood mapping.
 
Code assessment
Otherwise Township zone code
General development code
Utility installation Exempt
 

If:

  1. provided by a public sector entity; and
  2. not located in a flood hazard area shown on Schedule 2 – flood mapping where water treatment plans or waste management facility.
 
Code assessment
Otherwise Township zone code
General development code
Major electricity infrastructure Substation Exempt
If provided by a public sector entity  
Home based business Exempt

If:

  1. the gross floor area (GFA) does not exceed 60m2;
  2. the use is contained within an existing domestic outbuilding or dwelling;
  3. does not require more than the owner and two (2) employees on-site at any one time;
  4. does not generate more than one (1) heavy vehicle trip per week;
  5. does not involve hiring out of materials, goods, appliances or vehicles;
  6. does not involve the repair or maintenance of vehicles, other than minor maintenance of vehicles used in conjunction with the home based business;
  7. where bed and breakfast, does not exceed three (3) bedrooms; and
  8. other than where a bed and breakfast or home based childcare, the business use does not operate outside the hours of 8am to 5pm Monday to Friday, 8am to 2pm Saturday and does not operate on Sunday.
 
Code assessment
Otherwise Township zone code
General development code
Community residence Self-assessment
 

If:

  1. within the Residential precinct; and
  2. not located in a flood hazard area shown on Schedule 2 – flood mapping  or a bushfire hazard area on SPP mapping – Hazards and Safety, Natural Hazards, Bushfire.
Township zone code
Code assessment
Otherwise  

Bar
Club
Food and drink outlet
Function facility
Health care services
Hotel
Office
Sales office
Service industry
Shop
Shopping centre
Theatre
Tourist attraction

Exempt
Where located in the Commercial precinct and involves the reuse of an existing building and no external building work is proposed.  
Code assessment
Otherwise

Township zone code
General development code

Child care centre
Community care centre
Community use
Place of worship

Exempt
Where not located in the Industry precinct and involves the reuse of an existing building and no external building work is proposed.  
Code assessment
Otherwise Township zone code
General development code
Caretaker's accommodation
Dwelling unit
Emergency services
Exempt

If involves the reuse of an existing building and no external building work is proposed.

 
Code assessment
Otherwise Township zone code
General development code
Dwelling house Self-assessable
If within the Residential precinct General development code
Code assessment
Otherwise Township zone code
General development code
Dual occupancy
Multiple dwelling
Code assessment
Where located in the Residential precinct and on a lot greater than 1,000m2. Township zone code
General development code

Low impact industry
Medium impact industry
Outdoor sales
Service industry
Service station
Transport depot
Warehouse

Code assessment
Where located in the Industry precinct Township zone code
General development code

Garden centre
Hardware and trade supplies
Indoor sport and recreation
Market
Showroom
Veterinary services

Code assessment
Where located in the Commercial precinct 

Township zone code
General development code

Non-resident workforce accommodation Code assessment
Where not located in the Industrial precinct

Township zone code
General development code
Non-resident workforce accommodation code

Impact assessment

Any other use not listed in this table.
Any use listed in the table and not complying with any of the criteria in the level of assessment column.
Any other undefined use.

The planning scheme

 

Use Level of assessment Assessment criteria

Table 5.5.2 - Rural zone

All Code assessment
If located on a land identified in Schedule 5 – Local Heritage Places  General development code (AO34.1 & AO34.2)
Landing

Editor’s note—Landings are separately regulated under the Prescribed Tidal Works Code.
Park
Roadside stall
Editor’s note— Separate approval is required from the Department of Transport and Main Roads for a Roadside Stall in the State-controlled road reserve under the Transport Infrastructure Act 1994.
Winery

Exempt
   

Community use
Telecommunications facility
Outdoor sport and recreation
Renewable energy facility

Exempt

If:

  1. provided by a public sector entity; and
  2. not located in a flood hazard area shown on Schedule 2 – flood mapping or a bushfire hazard area on SPP mapping – Hazards and Safety, Natural Hazards, Bushfire.
 
Code assessment
Otherwise Rural zone code
General development code
Utility installation Exempt

If:

  1. provided by a public sector entity; and
  2. not located in a flood hazard area shown on Schedule 2 – flood mapping where water treatment plans or waste management facility.
 
Code assessment
Otherwise Rural zone code
General development code

Cemetery
Major electricity infrastructure
Substation

Exempt
If provided by a public sector entity  
Code assessment
Otherwise Rural zone code
General development code
Rural activities Exempt
If not cropping involving forestry for wood production. Rural zone code
General development code
Code assessment
Otherwise Rural zone code
General development code
Short term accommodation Code assessment

If:

  1. farm stay type accommodation; and
  2. not more than five (5) cabins with a gross floor area of each not exceeding 70m2.
Rural zone code
General development code
Impact assessment
Otherwise The planning scheme
Permanent plantation Exempt
Where not located in a mapping category on SPP mapping – Economic Growth Agriculture.  
Code assessment
Otherwise Rural zone code
General development code

Rural workers’ accommodation

Exempt

If:

  1. directly related to the rural activities on the same site; and
  2. not located in a flood hazard area shown on Schedule 2 – flood mapping or a bushfire hazard area on SPP mapping – Hazards and Safety, Natural Hazards, Bushfire.
 
Code assessment
Otherwise Rural zone code
General development code
Rural industry Exempt

If:

  1. storing and packaging products produced on the same site; and
  2. not located in a flood hazard area shown on Schedule 2 – flood mapping or a bushfire hazard area on SPP mapping – Hazards and Safety, Natural Hazards, Bushfire.
 
Code assessment
Otherwise Rural zone code
General development code

Caretaker’s accommodation
Dwelling house

Self assessment
  General development code
Code assessment
If it will result in more than two (2) dwellings for long term accommodation on a lot. Rural zone code
General development code
Home based business Exempt
 

If:

  1. the gross floor area (GFA) does not exceed 60m2;
  2. the use is contained within an existing domestic outbuilding or dwelling;
  3. does not require more than the owner and two (2) employees on-site at any one time;
  4. does not generate more than one (1) heavy vehicle trip per week;
  5. does not involve hiring out of materials, goods, appliances or vehicles;
  6. does not involve the repair or maintenance of vehicles, other than minor maintenance of vehicles used in conjunction with the home based business;
  7. where bed and breakfast, does not exceed three (3) bedrooms; and
  8. other than where a bed and breakfast or home based childcare, the business use does not operate outside the hours of 8am to 5pm Monday to Friday, 8am to 2pm Saturday and does not operate on Sunday.
 
Code assessment
Otherwise Rural zone code
General development code

Aquaculture
Community residence
Environment facility
Nature based tourism
Service station
Veterinary services

Code assessment
  Rural zone code
General development code
Impact assessment

Any other use not listed in this table.
Any use listed in the table and not complying with any of the criteria in the level of assessment column.
Any other undefined use.

The planning scheme
Use Level of assessment Assessment criteria

 

Table 5.5.3 - Rural residential zone

All Code assessment
  If located on a land identified in Schedule 5 – Local Heritage Places General development code (AO34.1 & AO34.2)

Landing
Editor’s note—Landings are separately regulated under the Prescribed Tidal Works Code.
Park
Roadside stall
Editor’s note— Separate approval is required from the Department of Transport and Main Roads for a Roadside Stall in the State-controlled road reserve under the Transport Infrastructure Act 1994.

Exempt
   
Utility installation Exempt

If:

  1. provided by a public sector entity; and
  2. not located in a flood hazard area shown on Schedule 2 – flood mapping where water treatment plans or waste management facility.
 
Code assessment
Otherwise Rural residential zone code
General development code
Major electricity infrastructure
Substation
Exempt
If provided by a public sector entity  
Code assessment
Otherwise Rural residential zone code
General development code
Home based business Exempt

If:

  1. the gross floor area (GFA) does not exceed 60m2;
  2. the use is contained within an existing domestic outbuilding or dwelling;
  3. does not require more than the owner and two (2) employees on-site at any one time;
  4. does not generate more than one (1) heavy vehicle trip per week;
  5. does not involve hiring out of materials, goods, appliances or vehicles;
  6. does not involve the repair or maintenance of vehicles, other than minor maintenance of vehicles used in conjunction with the home based business;
  7. where bed and breakfast, does not exceed three (3) bedrooms; and
  8. other than where a bed and breakfast or home based childcare, the business use does not operate outside the hours of 8am to 5pm Monday to Friday, 8am to 2pm Saturday and does not operate on Sunday.
 
Code assessment
Otherwise Rural residential zone code
General development code
Cropping Exempt
If the area of cropping does not exceed 100m2  
Code assessment
Otherwise Rural residential zone code
General development code
Animal keeping Exempt
If not a cattery or a kennel  
Code assessment
  Otherwise Rural residential zone code
General development code
Dwelling house Self-assessment
  General development code
Code assessment
Otherwise Rural residential zone code
General development code
Impact assessment

Any other use not listed in this table.
Any use listed in the table and not complying with any of the criteria in the level of assessment column.
Any other undefined use.

The planning scheme
Use Level of assessment Assessment criteria

 

Table 5.5.4 - Open space and recreation zone

All Code assessment
If located on a land identified in Schedule 5 – Local Heritage Places  General development code (AO34.1 & AO34.2)
Landing

Editor’s note—Landings are separately regulated under the Prescribed Tidal Works Code.
Park
Roadside stall
Editor’s note— Separate approval is required from the Department of Transport and Main Roads for a Roadside Stall in the State-controlled road reserve under the Transport Infrastructure Act 1994.
Winery

Exempt
   

Community use
Outdoor sport and recreation

Exempt

If:

  1. provided by a public sector entity; and
  2. not located in a flood hazard area shown on Schedule 2 – flood mapping or a bushfire hazard area on SPP mapping – Hazards and Safety, Natural Hazards, Bushfire.
 
Code assessment
Otherwise Open space and recreation zone
General development code
Utility installation Exempt

If:

  1. provided by a public sector entity; and
  2. not located in a flood hazard area shown on Schedule 2 – flood mapping where water treatment plans or waste management facility.
 
Code assessment
Otherwise

Open space and recreation zone
General development code

Majority electricity infrastructure
Substation
Exempt
If provided by a public sector entity  
Code assessment
Otherwise Open space and recreation zone
General development code
Club Code assessment
  If the gross floor area (GFA) does not exceed 250m2 Open space and recreation zone
General development code
Child care centre
Community care centre
Educational establishment
Function facility
Indoor sport and recreation
Market
Code assessment
  Open space and recreation zone
General development zone
Impact assessment

Any other use not listed in this table.
Any use listed in the table and not complying with any of the criteria in the level of assessment column.
Any other undefined use.

The planning scheme

 

Editor’s note—The above levels of assessment apply unless otherwise prescribed in the Act or the Regulation.

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5.6  Levels of assessment—Reconfiguring a lot

The following table identifies the levels of assessment for reconfiguring a lot.

Zone Level of assessment Assessment criteria

Table 5.6.1 - Reconfiguring a lot

Rural, Township and Open space and Recreation zones Code assessment
  Reconfiguring of a lot code
Rural residential Impact assessment
  The planning scheme


Editor’s note—The above levels of assessment apply unless otherwise prescribed in the Act or the Regulation.

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5.7  Levels of assessment - Operational work

The following table identifies the levels of assessment for operational work.

Zone Level of assessment Assessment criteria

Table 5.7.1 - Operational work

All Code assessment
If operational works (other than landscaping, filling or excavation) for the reconfiguration of a lot Operational works code
If operational works (other than landscaping, filling or excavation) for a material change of use on a site with an area exceeding 2,000m² Operational works code

If filling and excavation:

  1. within 1.5m of a lot boundary and exceeding a depth of 300mm; or
  2. involving a depth or height exceeding 1m.
Operational works code
If located on a land identified in Schedule 5 – Local Heritage Places General development code (AO34.1 & AO34.2)
Exempt
Any other operational work not listed in this table.

 

Editor’s note—The above levels of assessment apply unless otherwise prescribed in the Act or the Regulation. 

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5.8  Levels of assessment - Building work

The following table identifies the levels of assessment for building work.

Zone Level of assessment Assessment criteria

Table 5.8.1 - Building work

All Code assessment
If located on a land identified in Schedule 5 – Local Heritage Places General development code (AO34.1 & AO34.2)

 

Editor’s note—The above levels of assessment apply unless otherwise prescribed in the Act or the Regulation. 

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