ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 130AB
Requirement to advise of applications for certain complying development certificates
ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 130AB
Requirement to advise of applications for certain complying development certificates
130AB Requirement to advise of applications for certain complying development
certificates
(1) This clause applies to a complying development certificate in relation to
any of the following development on land in an
applicable local government area, other than on land within a
residential release area, if the development is to be carried out on a lot
that has a boundary within 20 metres of the boundary of another lot on which a
dwelling is located--
(a) development specified under any environmental
planning instrument that involves any of the following--
(i) a new dwelling,
(ii) an addition to an existing dwelling,
(b) development specified in Part 7
of State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008 (the Demolition Code),
(c) development specified in Division 2 or
7 of Part 2 of State Environmental Planning Policy (Affordable Rental Housing)
2009 .
(2) A certifier for an application for a complying development
certificate to which this clause applies must not determine the application by
issuing a complying development certificate until at least 14 days after the
certifier has given a notice that complies with this clause to--
(a) if the
development will be on land in a rural or residential zone--the occupier of
each dwelling referred to in subclause (1) that is on land in a rural or
residential zone, and
(b) if the certifier is not the council for the area in
which the development is to be carried out--the council.
(3) The notice must
be in writing and must include the following--
(a) the name and contact
details of the certifier,
"applicable local government area" means any of the local government areas of
Ashfield, City of Auburn, City of Bankstown, City of Blacktown, City of Blue
Mountains, City of Botany Bay, Burwood, Camden, City of Campbelltown, Canada
Bay, City of Canterbury, City of Fairfield, City of Hawkesbury, City of
Holroyd, Hornsby, Hunter's Hill, City of Hurstville, City of Kogarah,
Ku-ring-gai, Lane Cove, Leichhardt, City of Liverpool, Manly, Marrickville,
Mosman, North Sydney, City of Parramatta, City of Penrith, Pittwater, City of
Randwick, City of Rockdale, City of Ryde, Strathfield, Sutherland Shire, City
of Sydney, The Hills Shire, Warringah, Waverley, City of Willoughby,
Wingecarribee, Wollondilly or Woollahra.
"residential release area" means any land within--
(a) an urban release area
identified within a local environmental plan that adopts the applicable
mandatory provisions of the Standard Instrument, or
(b) a land release area
identified under the Eurobodalla Local Environmental Plan 2012 , or
(c) any
land subject to State Environmental Planning Policy (Sydney Region Growth
Centres) 2006 , or
(d) any area included in Parts 6, 26, 27, 28 and 29 of
Schedule 3 to State Environmental Planning Policy (Major Development) 2005 .