13 Consultation with councils—development with impacts on council-related infrastructure or services
(1) This clause applies to development carried out by or on behalf of a public authority that this Policy provides may be carried out without consent if, in the opinion of the public authority, the development:(a) will have a substantial impact on stormwater management services provided by a council, or(b) is likely to generate traffic to an extent that will strain the capacity of the road system in a local government area, or(c) involves connection to, and a substantial impact on the capacity of, any part of a sewerage system owned by a council, or(d) involves connection to, and use of a substantial volume of water from, any part of a water supply system owned by a council, or(e) involves the installation of a temporary structure on, or the enclosing of, a public place that is under a council’s management or control that is likely to cause a disruption to pedestrian or vehicular traffic that is not minor or inconsequential, or(f) involves excavation that is not minor or inconsequential of the surface of, or a footpath adjacent to, a road for which a council is the roads authority under the Roads Act 1993 (if the public authority that is carrying out the development, or on whose behalf it is being carried out, is not responsible for the maintenance of the road or footpath).(2) A public authority, or a person acting on behalf of a public authority, must not carry out development to which this clause applies unless the authority or the person has:(a) given written notice of the intention to carry out the development to the council for the area in which the land is located, and(b) taken into consideration any response to the notice that is received from the council within 21 days after the notice is given.
14 Consultation with councils—development with impacts on local heritage
(1) This clause applies to development carried out by or on behalf of a public authority if the development:(a) is likely to have an impact that is not minor or inconsequential on a local heritage item (other than a local heritage item that is also a State heritage item) or a heritage conservation area, and(b) is development that this Policy provides may be carried out without consent.(2) A public authority, or a person acting on behalf of a public authority, must not carry out development to which this clause applies unless the authority or the person has:(a) had an assessment of the impact prepared, and(b) given written notice of the intention to carry out the development, with a copy of the assessment, to the council for the area in which the heritage item or heritage conservation area (or the relevant part of such an area) is located, and(c) taken into consideration any response to the notice that is received from the council within 21 days after the notice is given.
15 Consultation with councils—development with impacts on flood liable land
(1) In this clause, flood liable land means land that is susceptible to flooding by the probable maximum flood event, identified in accordance with the principles set out in the manual entitled Floodplain Development Manual: the management of flood liable land published by the New South Wales Government and as in force from time to time.(2) A public authority, or a person acting on behalf of a public authority, must not carry out, on flood liable land, development that this Policy provides may be carried out without consent and that will change flood patterns other than to a minor extent unless the authority or person has:(a) given written notice of the intention to carry out the development to the council for the area in which the land is located, and(b) taken into consideration any response to the notice that is received from the council within 21 days after the notice is given.
16 Consultation with public authorities other than councils
(1) A public authority, or a person acting on behalf of a public authority, must not carry out specified development that this Policy provides may be carried out without consent unless the authority or person has:(a) given written notice of the intention to carry out the development to the specified authority in relation to the development, and(b) taken into consideration any response to the notice that is received from that authority within 21 days after the notice is given.(2) For the purposes of subclause (1), the following development is specified development and the following authorities are specified authorities in relation to that development:(a) development adjacent to land reserved under the National Parks and Wildlife Act 1974—the Department of Environment and Climate Change,(b) development adjacent to a marine park declared under the Marine Parks Act 1997—the Marine Parks Authority,(c) development adjacent to an aquatic reserve declared under the Fisheries Management Act 1994—the Department of Environment and Climate Change,(d) development in the foreshore area within the meaning of the Sydney Harbour Foreshore Authority Act 1998—the Sydney Harbour Foreshore Authority,(e) development comprising a fixed or floating structure in or over navigable waters—the Maritime Authority of NSW,(f) development for the purposes of an educational establishment, health services facility, correctional centre or group home, or for residential purposes, in an area that is bush fire prone land (as defined by the Act)—the NSW Rural Fire Service.Note. The Act defines bush fire prone land, in relation to an area, as land recorded for the time being as bush fire prone land on a map certified as referred to in section 146 (2) of the Act.Note. When carrying out development of a kind referred to in paragraph (f), consideration should be given to the publication of the NSW Rural Fire Service Planning for Bush Fire Protection 2006.
(1) Clauses 13–16 do not apply with respect to development to the extent that:(a) they would require notice of the intention to carry out the development to be given to a council or public authority from whom an approval is required in order for the development to be carried out lawfully, or(b) they would require notice to be given to a council or public authority with whom the public authority that is carrying out the development, or on whose behalf it is being carried out, has an agreed consultation protocol that applies to the development, or(c) they would require notice to be given to a council or public authority that is carrying out the development or on whose behalf it is being carried out, or(d) the development is exempt development or complying development under any environmental planning instrument (including this Policy), or(e) the development comprises emergency works, or(f) the development is carried out in accordance with a code of practice approved by the Minister for the purposes of this clause and published in the Gazette.(2) In this clause:approval means any licence, permission or any form of authorisation, other than development consent, under any other law.
consultation protocol means an arrangement that:
(a) is about when and how the parties to the arrangement will consult one another about proposed development, and(b) is recorded in writing, and(c) is approved in writing on behalf of any public authority that is a party to the arrangement by a person who is authorised to do so.
Division 2 Additional uses of State land
Note. Consent for development under this Division may be granted only if the development is the subject of a certificate of the Director-General certifying that the development is compatible with surrounding land uses. The provisions of this Division extend to the classes of development specified in clauses 57 (2) and 62 (1).
18 Additional uses of certain State land permitted
(1) This clause applies to State land unless:(a) the land is subject to a standard local environmental plan made as provided by section 33A (2) of the Act, or(b) the land is:(i) zoned for conservation purposes under an environmental planning instrument, or(ii) a State forest, flora reserve or timber reserve under the Forestry Act 1916, or(iii) reserved under the National Parks and Wildlife Act 1974, or(iv) reserved under the Crown Lands Act 1989 for a public purpose that, in the opinion of the Director-General, is an environmental protection or nature conservation purpose.(2) If development for a particular purpose is permitted (with or without consent) on land by the zoning of that land, development for that purpose may be carried out on any adjacent State land to which this clause applies:(a) with consent, if the development is permitted on the land with consent, or(b) without consent, if the development is permitted on the land without consent,despite the provisions of any local environmental plan that applies to that State land.
Note. Development includes subdivision of land—see the definition of development in the Act.(3) Consent must not be granted for development that this clause provides may be carried out with consent unless the consent authority is satisfied that the Director-General has certified in a site compatibility certificate that, in the Director-General’s opinion, the development is compatible with the surrounding land uses.Note. A site compatibility certificate is not required for development that this clause provides may be carried out without consent.(4) This clause does not:(a) prevent a consent authority from:(i) granting consent for development on a site by reference to site and design features that are more stringent than those identified in a site compatibility certificate for the same site, or(ii) refusing to grant consent for development by reference to the consent authority’s own assessment of the compatibility of the development with the surrounding land uses, or(b) otherwise limit the matters to which a consent authority may have regard in determining a development application for development to which this clause applies.(5) This clause applies regardless of whether the State land and the adjacent land concerned are subject to the same or different environmental planning instruments.(6) Land is adjacent to other land for the purpose of this clause even if it is separated from that other land by a road, or road related area, as defined by the Road Transport (General) Act 2005.(7) In this clause, a reference to land zoned for conservation purposes means land in any of the following land use zones or in a land use zone that is equivalent to any of those zones:(a) RE1 Public Recreation,(b) E1 National Parks and Nature Reserves,(c) E2 Environmental Conservation,(d) W1 Natural Waterways.
Division 3 Site compatibility certificates
19 Site compatibility certificates
(1) An application for a site compatibility certificate for the purpose of clause 18, 57 (3) or 63C (2) (a) may be made to the Director-General:(a) by the owner of the land on which the development is proposed to be carried out, or(b) by any other person with the consent of the owner of that land.(2) An application under this section:(a) must be in writing in the form approved by the Director-General, and(b) must be accompanied by such documents and information as the Director-General may require, and(c) must be accompanied by such fee, if any, as is prescribed by the regulations.(3) The Director-General may request further documents and information to be furnished in connection with an application under this section.(4) Within 7 days after the application is made, the Director-General must provide a copy of the application to the council for the area in which the development concerned is proposed to be carried out, unless the Director-General refuses, before those 7 days have elapsed, to issue a certificate.(5) Subject to subclause (6), the Director-General may determine the application by issuing a certificate or refusing to do so.(6) The Director-General must not issue a certificate unless the Director-General:(a) has taken into account any comments received from the council within 14 days after the application for the certificate was made, and(b) is of the opinion that the development concerned is compatible with the surrounding land uses having regard to the following matters:(i) the existing uses and approved uses of land in the vicinity of the development,(ii) the impact that the development (including its bulk and scale) is likely to have on the existing uses, approved uses and uses that, in the opinion of the Director-General, are likely to be the preferred future uses of that land,(iii) the services and infrastructure that are or will be available to meet the demands arising from the development, and(c) is of the opinion that the development concerned is not likely to have an adverse effect on the environment and does not cause any unacceptable environmental risks to the land.(7) A certificate may certify that the development to which it relates is compatible with the surrounding land uses only if it satisfies certain requirements specified in the certificate.(8) A certificate continues to apply to the land in respect of which it was issued despite any change in the ownership of that land.(9) A certificate is valid for 5 years or such other period specified in the certificate.
Note. Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.The section states that exempt development:
(a) must be of minimal environmental impact, and(b) cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and(c) cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).(1) Development for a purpose specified in Schedule 1 is exempt development if:(a) it is carried out by or on behalf of a public authority, and(b) it meets the development standards for the development specified in Schedule 1, and(c) it complies with the requirements of this clause.(2) To be exempt development, the development:(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and(b) if it is carried out in relation to an existing building, must not cause the building to contravene the Building Code of Australia, and(c) must be carried out in accordance with all relevant requirements of the Blue Book, and(d) must involve no more than minimal impact on the environment or amenity of the surrounding area, and(e) if it is likely to affect a State or local heritage item or a heritage conservation area, must involve no more than minimal impact on the heritage significance of the item or area.Note. Other provisions of this Policy identify kinds of development that are exempt development if they meet the requirements of subclause (2).