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) Staged development
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)  A development consent referred to in subsection (4) may be granted subject to a condition that the development or the specified part or aspect of the development, or any thing associated with the development or the carrying out of the development, must be the subject of another development consent.

(6) Restrictions on determination of development applications where Commission of Inquiry is held concerning environmental aspects of proposed development
A consent authority that has received notice that the Minister has directed that an inquiry be held, in accordance with section 119, 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 inquiry has been held, and

(ii)  the consent authority has considered the findings and recommendations of the Commission of Inquiry 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 directed that an inquiry be held by a Commission of Inquiry in relation to any proposed designated development the subject of a development application, the Minister is to determine the application after the inquiry has been held and the Minister has considered the findings and recommendations of the Commission of Inquiry.

(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.

(10A)  (Repealed)

(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 are taken to form part of the relevant development consent (other than for the purposes of section 96).

(13) Classification of buildings
A development consent for the erection of a building must identify the classification of the building in accordance with the Building Code of Australia.

(14)  A development consent may indicate different classifications for different parts of the same building.

Note. To the extent to which it deals with the classification of a proposed building, a development consent under this Division replaces the statement of classification formerly issued under the regulations under the Local Government Act 1993.