Environmental Planning and Assessment Regulation 2000
Division 2 Development applications for development requiring concurrence
58 Application of Division
(cf clause 49 of EP&A Regulation 1994)
(1) This Division applies to all development applications that relate to development for which the concurrence of a concurrence authority is required.(2) This Division does not apply in circumstances in which a concurrence authority’s concurrence may be assumed in accordance with clause 64.(3) This Division ceases to apply to a development application if the development application is rejected or withdrawn under clause 51 or 52.
59 Seeking concurrence
(cf clause 49A of EP&A Regulation 1994)
(1) After it receives a development application for development requiring concurrence, the consent authority:(a) must forward a copy of the application (together with all accompanying documentation) to the concurrence authority whose concurrence is required, and(b) must notify the concurrence authority in writing of the basis on which its concurrence is required and of the date of receipt of the development application, and(c) if known at that time, must notify the concurrence authority in writing of the dates of the relevant submission period or periods if the application is to be publicly notified under section 79 or 79A of the Act.(2) In the case of a development application that indicates on its face that such concurrence is required, the application must be forwarded to the relevant concurrence authority within 2 days after the application is lodged.
60 Concurrence authority may require additional information
(cf clause 50 of EP&A Regulation 1994)
(1) A concurrence authority whose concurrence has been sought may request the consent authority to provide it with such additional information about the proposed development as it considers necessary to its proper consideration of the question as to whether concurrence should be granted or refused.(2) The request:(a) must be in writing, and(b) may specify a reasonable period within which the information must be provided to the consent authority.(3) Immediately after receiving a request for additional information from a concurrence authority, a consent authority must request the applicant, in writing, to provide the information sought within the period specified by the concurrence authority.(4) Immediately after receiving the requested information from the applicant, the consent authority must forward that information to the concurrence authority.(5) Instead of providing the information requested, the applicant to whom a request is made under this clause may notify the consent authority in writing that the information will not be provided.(6) If the applicant for development consent has failed to provide any of the requested information by the end of:(a) any period specified as referred to in subclause (2) (b), orthe applicant is taken to have notified the consent authority that the information will not be provided, and the application may be dealt with accordingly.(b) such further period as the concurrence authority may allow,
61 Forwarding of submissions to concurrence authorities
(cf clause 50A of EP&A Regulation 1994)
(1) This clause applies to development that is required to be advertised or notified under section 79 or 79A of the Act.(2) Immediately after the expiration of the relevant submission period, the consent authority must forward to each concurrence authority a copy of all submissions received in response to the advertisement or notification.
62 Notification of decision
(cf clause 51 of EP&A Regulation 1994)
(1) A concurrence authority that has received a development application from a consent authority must give written notice to the consent authority of its decision on the development application:(a) within 40 days after receipt of the copy of the application, or(b) in the case of development that is required to be advertised or notified under section 79 or 79A of the Act, within 21 days after it receives:(i) the last of the submissions made during the relevant submission period, or(ii) advice from the consent authority that no submissions were made.Note.This period may be extended by operation of Division 11.(2) If the consent authority determines a development application by refusing to grant consent before the expiration of the relevant period under subclause (1):(a) the consent authority must notify the concurrence authority as soon as possible after the determination, and(b) this clause ceases to apply to the development application.(3) Nothing in this clause prevents a consent authority from having regard to a concurrence authority’s decision on a development application that has been notified to the consent authority after the expiration of the relevant period under subclause (1).
63 Reasons for granting or refusal of concurrence
(cf clause 51A of EP&A Regulation 1994)
(1) If the concurrence authority:(a) grants concurrence subject to conditions, orthe concurrence authority must give written notice to the consent authority of the reasons for the imposition of the conditions or the refusal.(b) refuses concurrence,(2) If the concurrence is one that is required under section 79B (3) of the Act, a copy of the reasons must be available for public inspection, during ordinary office hours:(a) at the head office of the National Parks and Wildlife Service, or(b) if the matter concerns critical habitat of fish or marine vegetation, or threatened species, populations or ecological communities of fish or marine vegetation or their habitats, at the head office of NSW Fisheries.
64 Circumstances in which concurrence may be assumed
(cf clause 51B of EP&A Regulation 1994)
(1) A concurrence authority may, by written notice given to the consent authority:(a) inform the consent authority that concurrence may be assumed, subject to such qualifications or conditions as are specified in the notice, and(b) amend or revoke an earlier notice under this clause.(2) A consent granted by a consent authority that has assumed concurrence in accordance with a notice under this clause is as valid and effective as if concurrence had been given.