State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004
25 Application for site compatibility certificate
(1) An application for a site compatibility certificate for the purposes of clause 24 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 must be:(a) in writing, and(b) in the form (if any) approved by the Director-General from time to time, and(c) accompanied by such documents and information as the Director-General may require.Note.Clause 262A of the Environmental Planning and Assessment Regulation 2000 provides for the maximum fee for an application for a site compatibility certificate.(3) Subject to subclause (4) (b), the Director-General must provide a copy of the application to the General Manager of the council for the area in which the development concerned is proposed to be carried out (the relevant General Manager) within the period of 7 days after the application is made.(4) Subject to subclause (5), the Director-General:(a) may determine the application by issuing a certificate or refusing to do so, and(b) if the Director-General refuses to issue a certificate at any time within the period of 7 days after the application is made—is not required to comply with subclause (3).(5) The Director-General must not issue a site compatibility certificate unless the Director-General:(a) has taken into account the written comments (if any) concerning the consistency of the proposed development with the criteria referred to in paragraph (b) that are received from the relevant General Manager within 21 days after the application for the certificate was made, and(b) is of the opinion that the proposed development is compatible with the surrounding land uses having regard to (at least) the following criteria:(i) the natural environment (including known significant environmental values, resources or hazards) and the existing uses and approved uses of land in the vicinity of the proposed development,(ii) the impact that the proposed development is likely to have on the uses that, in the opinion of the Director-General, are likely to be the future uses of that land,(iii) the services and infrastructure that are or will be available to meet the demands arising from the proposed development (particularly, retail, community, medical and transport services having regard to the location and access requirements set out in clause 26) and any proposed financial arrangements for infrastructure provision,(iv) in the case of applications in relation to land that is zoned open space or special uses—the impact that the proposed development is likely to have on the provision of land for open space and special uses in the vicinity of the development,(v) without limiting any other criteria, the impact that the bulk, scale, built form and character of the proposed development is likely to have on the existing uses, approved uses and future uses of land in the vicinity of the development,(vi) if the development may involve the clearing of native vegetation that is subject to the requirements of section 12 of the Native Vegetation Act 2003—the impact that the proposed development is likely to have on the conservation and management of native vegetation.(6) Without limiting subclause (4) (a), the Director-General may refuse to issue a certificate if the Director-General considers that the development is likely to have an adverse effect on the environment.(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) The Director-General must, if it is reasonably practicable to do so, determine an application within 35 days after it is lodged.(9) A certificate remains current for a period of 24 months after the date on which it is issued by the Director-General.(10) The provisions of subclauses (3) and (5) (a) do not apply in relation to the determination of an application for a site compatibility certificate if the Director-General has delegated the function of determining the application to the council for the area in which the development concerned is proposed to be carried out.Note.Section 23 of the Act enables the Director-General to delegate to a council any of the functions of the Director-General imposed or conferred by or under the Act or any other Act.