New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 79

79 Public participation-designated development

(1) Public exhibition and notification As soon as practicable after a development application is made for consent to carry out designated development, the consent authority must:

(a) place the application and any accompanying information on public exhibition for a period of not less than 30 days (the "submission period") commencing on the day after which notice of the application is first published as referred to in paragraph (d), and

(b) give written notice of the application in accordance with the regulations:

(i) to such persons as appear to it to own or occupy the land adjoining the land to which the development application relates, and

(ii) if practicable, to such other persons as appear to it to own or occupy land the use or enjoyment of which, in its opinion, may be detrimentally affected if the designated development is carried out, and

(iii) to such other persons as are required to be notified by the regulations, and

(c) cause notice of the application to be exhibited in accordance with the regulations on the land to which the application relates, and

(d) cause notice of the application to be published in accordance with the regulations in a newspaper circulating in the locality.

Note: Section 89F deals with public participation for State significant development.

(2) If land is:

(a) a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 , a written notice to the owners corporation is taken to be a written notice under subsection (1) (b) to the owner or occupier of each lot within the strata scheme, or

(b) a lot within the meaning of the Strata Schemes (Leasehold Development) Act 1986 , a written notice to the lessor under the leasehold strata scheme concerned and to the owners corporation is taken to be a written notice under subsection (1) (b) to the owner or occupier of each lot within the scheme.

(3) If land is owned or occupied by more than one person, a written notice to one owner or one occupier is taken to satisfy the requirements of subsection (1) (b).

(4) Inspection of application and accompanying information During the submission period, any person may inspect the development application and any accompanying information and make extracts from or copies of them.

(5) Making of submissions During the submission period, any person may make written submissions to the consent authority with respect to the development application. A submission by way of objection must set out the grounds of the objection.

(6) Circumstances in which public exhibition may be dispensed with If:

(a) a development application for designated development is amended, or substituted, or withdrawn and later replaced before it has been determined by the consent authority, and

(b) the consent authority has complied with subsections (1), (2) and (3) in relation to the original application, and

(c) the consent authority is of the opinion that the amended, substituted or later application differs only in minor respects from the original application,

the consent authority may decide to dispense with further compliance with subsection (1) in relation to the amended, substituted or later application. In that event, compliance with subsection (1) in relation to the original application is taken to be compliance in relation to the amended, substituted or later application.

(7) The consent authority must give written notice to the applicant of its decision under subsection (6) at or before the time notice of the determination of the development application is given under section 81.