ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 54 Consent authority may request additional information

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 54

54 Consent authority may request additional information

(cf clause 48 of EP[#38]A Regulation 1994)

(1) A consent authority may request the applicant for development consent to provide it with such additional information about the proposed development as it considers necessary to its proper consideration of the application.

(2) The request--

(a) must be made by means of the NSW planning portal, and

(b) may specify a reasonable period within which the information must be provided to the consent authority.

(3) The information that a consent authority may request includes, but is not limited to, information relating to any relevant matter referred to in section 4.15(1)(b)-(e) of the Act or in any relevant environmental planning instrument.

(4) However, the information that a consent authority may request does not include, in relation to building or subdivision work, the information that is required to be attached to an application for a construction certificate.

Note : The aim of this provision is to ensure that the consent authority does not oblige the applicant to provide these construction details up-front where the applicant may prefer to test the waters first and delay applying for a construction certificate until, or if, development consent is granted.

(5) Instead of providing the information requested, the applicant to whom a request is made under this clause may notify the consent authority, by means of the NSW planning portal, that the information will not be provided.

(6) If the applicant for development consent has failed to provide any of the requested information by the end of--

(a) any period specified as referred to in subclause (2)(b), or

(b) such further period as the consent authority may allow,

the applicant is taken to have notified the consent authority that the information will not be provided, and the application may be dealt with accordingly.