ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 50 How must a development application be made?

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 50

50 How must a development application be made?

(cf clause 46A of EP[#38]A Regulation 1994)

(1) A development application, other than an application for State significant development, must--

(a) be in the form that is approved by the Planning Secretary and made available on the NSW planning portal, and

(b) contain all of the information that is specified in the approved form or required by the Act and this Regulation, and

(c) be accompanied by the information and documents that are specified in Part 1 of Schedule 1 or required by the Act and this Regulation, and

(d) be lodged on the NSW planning portal.

(1AA) A development application for State significant development must be--

(a) in the form approved by the Planning Secretary and made available on the NSW planning portal, and

(b) accompanied by an environmental impact statement, and

(b1) if the development application is for BASIX affected development--accompanied by the documents specified in Schedule 1, Part 1A, and

(c) lodged on the NSW planning portal.

(1A) If a development application that relates to residential apartment development is made on or after the commencement of the Environmental Planning and Assessment Amendment (Residential Apartment Development) Regulation 2015 , the application must be accompanied by a statement by a qualified designer.

(1AB) The statement by the qualified designer must--

(a) verify that he or she designed, or directed the design, of the development, and

(b) provide an explanation that verifies how the development--

(i) addresses how the design quality principles are achieved, and

(ii) demonstrates, in terms of the Apartment Design Guide, how the objectives in Parts 3 and 4 of that guide have been achieved.

(1B) If a development application referred to in subclause (1A) is also accompanied by a BASIX certificate with respect to any building, the design quality principles referred to in that subclause need not be verified to the extent to which they aim--

(a) to reduce consumption of mains-supplied potable water, or reduce emissions of greenhouse gases, in the use of the building or in the use of the land on which the building is situated, or

(b) to improve the thermal performance of the building.

(2) A development application that relates to development for which consent under the Wilderness Act 1987 is required must be accompanied by a copy of that consent.

(2A) A development application that relates to development in respect of which a site compatibility certificate is required by a State Environmental Planning Policy must be accompanied by such a certificate.

(4) In the case of a development application under section 4.12(3) of the Act, the application must be accompanied by such matters as would be required under section 81 of the Local Government Act 1993 if approval were sought under that Act.

(5) The consent authority must forward a copy of the development application to the relevant council if the council is not the consent authority.

(6) If the development application is for designated development, the consent authority must forward to the council (where the council is not the consent authority) a copy of the environmental impact statement, together with a copy of the relevant application.

Note : Additional requirements in relation to the making of a development application apply to applications for designated development, for integrated development and applications for development that affect threatened species.

(7) In determining whether an alteration, enlargement or extension of a BASIX affected building is BASIX affected development, the consent authority must make its determination by reference to a genuine estimate of the construction costs of the work the subject of the development application, including any part of the work that is BASIX excluded development. The estimate must, unless the consent authority is satisfied that the estimated cost indicated in the development application is neither genuine nor accurate, be the estimate so indicated.

(8) The applicant must be notified, by means of the NSW planning portal, that the development application has been lodged.

(9) A development application is taken not to have been lodged until the fees notified to the applicant by means of the NSW planning portal have been paid.

Note : The amount of a fee payable by an applicant for a development application is determined in accordance with Part 15.