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
   2. if a local plan or local plan precinct applies to the premises, by reference to the local plan map in Schedule 2
   3. if an overlay applies to the premises, by reference to the overlay 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: Building work
   • section 5.8—Levels of assessment: Operational work
5. 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, 5.6, 5.7 and 5.8
6. if a local plan applies refer to the table(s) in section 5.9—Levels of assessment: Local plans to determine if the local plan changes the level of assessment for the zone
7. if a precinct of a local plan changes the level of assessment this is to be shown in the 'level of assessment' column of the table(s) in section 5.9
8. if an overlay applies refer to section 5.10—Levels of assessment: Overlays to determine if the overlay further changes the level of assessment.

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, local plan or overlay, the level of assessment is the highest level for each aspect of the development under each of the applicable zones, local plans or overlays.
5. Where development is proposed on premises partly affected by an overlay, the level of assessment for the overlay only relates to the part of the premises affected by the overlay.
6. For the purposes of Schedule 4, Table 2, item 2 of the Regulation, an overlay does not apply to the premises if the development meets the self–assessable acceptable outcomes of the relevant overlay code.
7. If development is identified as having a different level of assessment under a zone than under a local plan or an overlay, the highest level of assessment applies as follows:
   1. self–assessable prevails over exempt
   2. compliance assessment prevails over self–assessable and exempt
   3. code assessable prevails over self–assessable and exempt
   4. impact assessable prevails over code, self–assessable and exempt.

Note—Where development is comprised of a number of defined uses (not in an activity group) the highest level of assessment applies.

8. Despite sub–subsections 5.3.2(4) and (7) above, a level of assessment in a local plan overrides a level of assessment in a zone and a level of assessment in an overlay overrides a level of assessment in zone or local plan.
9. Provisions of Part 10 may override any of the above.
10. State prescribed levels of assessment identified in Part 5, section 5.4, override all other levels of assessment for that development, with the exception of the Act or the Regulation.
11. 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 5.4 of the standard planning scheme provisions.

5.3.3 Determining the assessment criteria

1. The following rules apply in determining assessment criteria for each level of assessment.
2. 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.
3. 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).
4. Code assessable development:

   Note—In relation to section 5.3.3(4)(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. is to be assessed against all the applicable codes identified in the assessment criteria column
   2. that occurs a a result of development becoming code assessable pursuant to sub-section 5.3.3(2)(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 accceptable outcomes identified in sub-section 5.3.3(2)(a), other than those mentioned in sub-section 5.3.3(2)(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.
5. 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, local plan or overlay.