State Environmental Planning Policy (Affordable Rental Housing) 2009
37 Site compatibility certificates
(1) An application for a site compatibility certificate under this Division 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 clause:(a) must be in writing in a 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 clause.(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) 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.