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State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development
Current version for 6 January 2017 to date (accessed 19 November 2019 at 11:01)
Part 4 Clause 30
30   Standards that cannot be used as grounds to refuse development consent or modification of development consent
(1)  If an application for the modification of a development consent or a development application for the carrying out of development to which this Policy applies satisfies the following design criteria, the consent authority must not refuse the application because of those matters:
(a)  if the car parking for the building will be equal to, or greater than, the recommended minimum amount of car parking specified in Part 3J of the Apartment Design Guide,
(b)  if the internal area for each apartment will be equal to, or greater than, the recommended minimum internal area for the relevant apartment type specified in Part 4D of the Apartment Design Guide,
(c)  if the ceiling heights for the building will be equal to, or greater than, the recommended minimum ceiling heights specified in Part 4C of the Apartment Design Guide.
Note.
 The Building Code of Australia specifies minimum ceiling heights for residential flat buildings.
(2)  Development consent must not be granted if, in the opinion of the consent authority, the development or modification does not demonstrate that adequate regard has been given to:
(a)  the design quality principles, and
(b)  the objectives specified in the Apartment Design Guide for the relevant design criteria.
(3)  To remove doubt:
(a)  subclause (1) does not prevent a consent authority from refusing an application in relation to a matter not specified in subclause (1), including on the basis of subclause (2), and
(b)  the design criteria specified in subclause (1) are standards to which section 79C (2) of the Act applies.
Note.
 The provisions of this clause do not impose any limitations on the grounds on which a consent authority may grant or modify development consent.