New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 80

80 Determination

(1) General A consent authority is to determine a development application by:

(a) granting consent to the application, either unconditionally or subject to conditions, or

(b) refusing consent to the application.

(2) Despite subsection (1), the consent authority must refuse an application for development, being the subdivision of land, that would, if carried out, result in a contravention of this Act, an environmental planning instrument or the regulations, whether arising in relation to that or any other development.

(3) “Deferred commencement” consent A development consent may be granted subject to a condition that the consent is not to operate until the applicant satisfies the consent authority, in accordance with the regulations, as to any matter specified in the condition. Nothing in this Act prevents a person from doing such things as may be necessary to comply with the condition.

(4) Total or partial consent A development consent may be granted:

(a) for the development for which the consent is sought, or

(b) for that development, except for a specified part or aspect of that development, or

(c) for a specified part or aspect of that development.

(5) The consent authority is not required to refuse consent to any specified part or aspect of development for which development consent is not initially granted under subsection (4), but development consent may subsequently be granted for that part or aspect of the development.

Note: See also Division 2A for special procedures concerning staged development applications.

(6) Restrictions on determination of development applications where Planning Assessment Commission review is held concerning environmental aspects of proposed development A consent authority that has received notice that the Minister has requested that a review be held by the Planning Assessment Commission with respect to the environmental aspects of proposed development or part of any such proposed development the subject of a development application:

(a) must not determine the development application in so far as it relates to proposed designated development, and

(b) must not determine the development application in so far as it relates to development that is not designated development until:

(i) the review has been held, and

(ii) the consent authority has considered the findings and recommendations of the Planning Assessment Commission and any comments made by the Minister that accompanied those findings and recommendations when they were forwarded to the consent authority.

(7) If the Minister has requested that a review be held by the Planning Assessment Commission in relation to any proposed designated development the subject of a development application, the Minister is to determine the application after the review has been held and the Minister has considered the findings and recommendations of the Commission.

(8) Sections 82, 97 and 98 do not apply to or in respect of the development application determined by the Minister under subsection (7) or its determination.

(9) Restrictions on determination of development applications for designated development A consent authority must not determine a development application for designated development:

(a) until after the submission period (within the meaning of section 79 (1) (a)) has expired, or

(b) if a submission is made with respect to the application within the submission period, until after 21 days following the date on which a copy of the submission is forwarded to the Director-General have expired.

(10) Subsection (9) (b) does not apply:

(a) to a consent authority being the Minister or the Director-General, or

(b) if the Director-General has waived the requirement that submissions be forwarded to the Director-General for a specified development application or for a specified class of development applications.

(11) Other restrictions on determination of development applications The regulations may specify other matters of a procedural nature that are to be complied with before a development application may be determined.

(12) Effect of issuing construction certificate If a consent authority or an accredited certifier issues a construction certificate, the construction certificate and any approved plans and specifications issued with respect to that construction certificate, together with any variations to the construction certificate or plans and specifications that are effected in accordance with this Act or the regulations, are taken to form part of the relevant development consent (other than for the purposes of section 96).