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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Historical version for 12 February 2010 to 28 February 2010 (accessed 29 January 2020 at 10:26) Current version
Schedule 1
Schedule 1 Forms
(Clauses 50, 126 and 139)
Part 1 Development applications
1   Information to be included in development application
A development application must contain the following information:
(a)  the name and address of the applicant,
(b)  a description of the development to be carried out,
(c)  the address, and formal particulars of title, of the land on which the development is to be carried out,
(d)  an indication as to whether the land is, or is part of, critical habitat,
(e)  an indication as to whether the development is likely to significantly affect threatened species, populations or ecological communities, or their habitats (unless the development is taken to be development that is not likely to have such an effect, because of the issue of a biobanking statement under Part 7A of the Threatened Species Conservation Act 1995, in which case it is sufficient to indicate that the statement has been issued),
(f)  a list of any authorities from which concurrence must be obtained before the development may lawfully be carried out,
(g)  a list of any approvals of the kind referred to in section 91 (1) of the Act that must be obtained before the development may lawfully be carried out,
(h)  the estimated cost of the development,
(i)  if the applicant is not the owner of the land, a statement signed by the owner of the land to the effect that the owner consents to the making of the application,
(j)  a list of the documents accompanying the application.
2   Documents to accompany development application
(1)  A development application must be accompanied by the following documents:
(a)  a site plan of the land,
(b)  a sketch of the development,
(c)  a statement of environmental effects (in the case of development other than designated development),
(d)  in the case of development that involves the erection of a building, an A4 plan of the building that indicates its height and external configuration, as erected, in relation to its site (as referred to in clause 56 of this Regulation),
(e)  an environmental impact statement (in the case of designated development),
(f)  a species impact statement (in the case of land that is, or is part of, critical habitat or development that is likely to significantly affect threatened species, populations or ecological communities, or their habitats),
(g)  if the development involves any subdivision work, preliminary engineering drawings of the work to be carried out,
(h)  if an environmental planning instrument requires arrangements for any matter to have been made before development consent may be granted (such as arrangements for the provision of utility services), documentary evidence that such arrangements have been made,
(i)  if the development involves a change of use of a building (other than a dwelling-house or a building or structure that is ancillary to a dwelling-house and other than a temporary structure):
(i)  a list of the Category 1 fire safety provisions that currently apply to the existing building, and
(ii)  a list of the Category 1 fire safety provisions that are to apply to the building following its change of use,
(j)  if the development involves building work to alter, expand or rebuild an existing building, a scaled plan of the existing building,
(k)  if the land is within a wilderness area and is the subject of a wilderness protection agreement or conservation agreement within the meaning of the Wilderness Act 1987, a copy of the consent of the Minister for the Environment to the carrying out of the development,
(l)  in the case of development to which clause 2A applies, such other documents as any BASIX certificate for the development requires to accompany the application,
(m)  in the case of BASIX optional development—if the development application is accompanied by a BASIX certificate or BASIX certificates (despite there being no obligation under clause 2A for it to be so accompanied), such other documents as any BASIX certificate for the development requires to accompany the application,
(n)  if the development involves the erection of a temporary structure, the following documents:
(i)  documentation that specifies the live and dead loads the temporary structure is designed to meet,
(ii)  a list of any proposed fire safety measures to be provided in connection with the use of the temporary structure,
(iii)  in the case of a temporary structure proposed to be used as an entertainment venue—a statement as to how the performance requirements of Part B1 and NSW Part H102 of Volume One of the Building Code of Australia are to be complied with (if an alternative solution, to meet the performance requirements, is to be used),
(iv)  documentation describing any accredited building product or system sought to be relied on for the purposes of section 79C (4) of the Act,
(v)  copies of any compliance certificates to be relied on,
(o)  in the case of a development involving the use of a building as an entertainment venue or a function centre, pub, registered club or restaurant—a statement that specifies the maximum number of persons proposed to occupy, at any one time, that part of the building to which the use applies.
(2)  The site plan referred to in subclause (1) (a) must indicate the following matters:
(a)  the location, boundary dimensions, site area and north point of the land,
(b)  existing vegetation and trees on the land,
(c)  the location and uses of existing buildings on the land,
(d)  existing levels of the land in relation to buildings and roads,
(e)  the location and uses of buildings on sites adjoining the land.
(3)  The sketch referred to in subclause (1) (b) must indicate the following matters:
(a)  the location of any proposed buildings or works (including extensions or additions to existing buildings or works) in relation to the land’s boundaries and adjoining development,
(b)  floor plans of any proposed buildings showing layout, partitioning, room sizes and intended uses of each part of the building,
(c)  elevations and sections showing proposed external finishes and heights of any proposed buildings (other than temporary structures),
(c1)  elevations and sections showing heights of any proposed temporary structures and the materials of which any such structures are proposed to be made (using the abbreviations set out in clause 7 of this Schedule),
(d)  proposed finished levels of the land in relation to existing and proposed buildings and roads,
(e)  proposed parking arrangements, entry and exit points for vehicles, and provision for movement of vehicles within the site (including dimensions where appropriate),
(f)  proposed landscaping and treatment of the land (indicating plant types and their height and maturity),
(g)  proposed methods of draining the land,
(h)  in the case of development to which clause 2A applies, such other matters as any BASIX certificate for the development requires to be included on the sketch,
(i)  in the case of BASIX optional development—if the development application is accompanied by a BASIX certificate or BASIX certificates (despite there being no obligation under clause 2A for it to be so accompanied), such other matters as any BASIX certificate for the development requires to be included on the sketch.
(4)  A statement of environmental effects referred to in subclause (1) (c) must indicate the following matters:
(a)  the environmental impacts of the development,
(b)  how the environmental impacts of the development have been identified,
(c)  the steps to be taken to protect the environment or to lessen the expected harm to the environment,
(d)  any matters required to be indicated by any guidelines issued by the Director-General for the purposes of this clause.
(5)  In addition, a statement of environmental effects referred to in subclause (1) (c) must include the following, if the development application relates to residential flat development to which State Environmental Planning Policy No 65—Design Quality of Residential Flat Development applies:
(a)  an explanation of the design in terms of the design quality principles set out in Part 2 of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development,
(b)  drawings of the proposed development in the context of surrounding development, including the streetscape,
(c)  development compliance with building heights, building height planes, setbacks and building envelope controls (if applicable) marked on plans, sections and elevations,
(d)  drawings of the proposed landscape area, including species selected and materials to be used, presented in the context of the proposed building or buildings, and the surrounding development and its context,
(e)  if the proposed development is within an area in which the built form is changing, statements of the existing and likely future contexts,
(f)  photomontages of the proposed development in the context of surrounding development,
(g)  a sample board of the proposed materials and colours of the facade,
(h)  detailed sections of proposed facades,
(i)  if appropriate, a model that includes the context.
(5A)  The species impact statement referred to in subclause (1) (f) is not required in relation to the effect of the development on any threatened species, populations or ecological communities, or their habitats, if, because of the issue of a biobanking statement under Part 7A of the Threatened Species Conservation Act 1995, the development is taken to be development that is not likely to significantly affect those threatened species, populations, ecological communities, or their habitats.
(6)  In the case of development to which clause 2A applies, the explanation referred to in subclause (5) (a) need not deal with the design quality principles referred to in that paragraph to the extent to which they aim:
(a)  to reduce consumption of mains-supplied potable water, or reduce emissions of greenhouse gases, in the use of the building or in the use of the land on which the building is situated, or
(b)  to improve the thermal performance of the building.
2A   BASIX certificate required for certain development
(1)  In addition to the documents required by clause 2, a development application for any BASIX affected development must also be accompanied by a BASIX certificate or BASIX certificates for the development, being a BASIX certificate or BASIX certificates that has or have been issued no earlier than 3 months before the date on which the application is made.
(2)  If the proposed development involves the alteration, enlargement or extension of a BASIX affected building that contains more than one dwelling, a separate BASIX certificate is required for each dwelling concerned.
Part 2 Complying development certificates
3   Information to be included in application for complying development certificate
An application for a complying development certificate must contain the following information:
(a)  the name and address of the applicant,
(b)  a description of the development to be carried out,
(c)  the address, and formal particulars of title, of the land on which the development is to be carried out,
(d)  the estimated cost of the development,
(e)  if the applicant is not the owner of the land, a statement signed by the owner of the land to the effect that the owner consents to the making of the application,
(f)  a list of the documents accompanying the application,
(g)  the name of the environmental planning instrument under which the development is complying development and, if the development is specified as complying development by a development control plan referred to in that instrument, the name of the development control plan,
(h)  the estimated area (if any), in square metres, of bonded asbestos material or friable asbestos material that will be disturbed, repaired or removed in carrying out the development.
4   Documents to accompany application for complying development certificate
(1)  An application for a complying development certificate must be accompanied by the following documents:
(a)  a site plan of the land,
(b)  a sketch of the development,
(c)  if the development involves a change of use of a building (other than a dwelling-house or a building or structure that is ancillary to a dwelling-house and other than a temporary structure or work that relates only to fire link conversion):
(i)  a list of the Category 1 fire safety provisions that currently apply to the existing building,
(ii)  a list of the Category 1 fire safety provisions that are to apply to the building following its change of use,
(d)  if the development involves building work (including work in relation to a dwelling-house or a building or structure that is ancillary to a dwelling-house):
(i)  a detailed description of the development, and
(ii)  appropriate building work plans and specifications,
(e)  if the development involves building work (other than work in relation to a dwelling-house or a building or structure that is ancillary to a dwelling-house):
(i)  a list of any existing fire safety measures provided in relation to the land or any existing building on the land, and
(ii)  a list of the proposed fire safety measures to be provided in relation to the land and any building on the land as a consequence of the building work,
(f)  if the development involves subdivision work, appropriate subdivision work plans and specifications,
(g)  in the case of development to which clause 4A applies, such other documents as any BASIX certificate for the development requires to accompany the application,
(h)  in the case of BASIX optional development—if the application for a complying development certificate is accompanied by a BASIX certificate or BASIX certificates (despite there being no obligation under clause 4A for it to be so accompanied), such other documents as any BASIX certificate for the development requires to accompany the application,
(i)  if the development involves the erection of a temporary structure, the following documents:
(i)  documentation that specifies the live and dead loads the temporary structure is designed to meet,
(ii)  a list of any proposed fire safety measures to be provided in connection with the use of the temporary structure,
(iii)  in the case of a temporary structure proposed to be used as an entertainment venue—a statement as to how the performance requirements of Part B1 and NSW Part H102 of Volume One of the Building Code of Australia are to be complied with (if an alternative solution, to meet the performance requirements, is to be used),
(iv)  documentation describing any accredited building product or system sought to be relied on for the purposes of section 85A (4) of the Act,
(v)  copies of any compliance certificates to be relied on,
(j)  in the case of a development involving the use of a building as an entertainment venue or a function centre, pub, registered club or restaurant—a statement that specifies the maximum number of persons proposed to occupy, at any one time, that part of the building to which the use applies.
(2)  The site plan referred to in subclause (1) (a) must indicate the following matters:
(a)  the location, boundary dimensions, site area and north point of the land,
(b)  existing vegetation and trees on the land,
(c)  the location and uses of existing buildings on the land,
(d)  existing levels of the land in relation to buildings and roads,
(e)  the location and uses of buildings on sites adjoining the land.
(3)  The sketch referred to in subclause (1) (b) must indicate the following matters:
(a)  the location of any proposed buildings or works (including extensions or additions to existing buildings or works) in relation to the land’s boundaries and adjoining development,
(b)  floor plans of any proposed buildings showing layout, partitioning, room sizes and intended uses of each part of the building,
(c)  elevations and sections showing proposed external finishes and heights of any proposed buildings (other than temporary structures),
(c1)  elevations and sections showing heights of any proposed temporary structures and the materials of which any such structures are proposed to be made (using the abbreviations set out in clause 7 of this Schedule),
(d)  proposed finished levels of the land in relation to existing and proposed buildings and roads,
(e)  proposed parking arrangements, entry and exit points for vehicles, and provision for movement of vehicles within the site (including dimensions where appropriate),
(f)  proposed landscaping and treatment of the land (indicating plant types and their height and maturity),
(g)  proposed methods of draining the land,
(h)  in the case of development to which clause 4A applies, such other matters as any BASIX certificate for the development requires to be included on the sketch,
(i)  in the case of BASIX optional development—if the application for a complying development certificate is accompanied by a BASIX certificate or BASIX certificates (despite there being no obligation under clause 4A for it to be so accompanied), such other matters as any BASIX certificate for the development requires to be included on the sketch.
(4)  A detailed description of the development referred to in subclause (1) (d) (i) must indicate the following matters:
(a)  for each proposed new building:
(i)  the number of storeys (including underground storeys) in the building,
(ii)  the gross floor area of the building (in square metres),
(iii)  the gross site area of the land on which the building is to be erected (in square metres),
(b)  for each proposed new residential building:
(i)  the number of existing dwellings on the land on which the new building is to be erected,
(ii)  the number of those existing dwellings that are to be demolished in connection with the erection of the new building,
(iii)  the number of dwellings to be included in the new building,
(iv)  whether the new building is to be attached to any existing building,
(v)  whether the new building is to be attached to any other new building,
(vi)  whether the land contains a dual occupancy,
(vii)  the materials to be used in the construction of the new building (using the abbreviations set out in clause 7 of this Schedule).
(5)  Appropriate building work plans and specifications referred to in subclause (1) (d) (ii) include the following:
(a)  detailed plans, drawn to a suitable scale and consisting of a block plan and a general plan, that show:
(i)  a plan of each floor section, and
(ii)  a plan of each elevation of the building, and
(iii)  the levels of the lowest floor and of any yard or unbuilt on area belonging to that floor and the levels of the adjacent ground, and
(iv)  the height, design, construction and provision for fire safety and fire resistance (if any),
(b)  specifications for the development:
(i)  that describe the construction and materials of which the building is to be built and the method of drainage, sewerage and water supply, and
(ii)  that state whether the materials to be used are new or second-hand and (in the case of second-hand materials) give particulars of the materials to be used,
(c)  a statement as to how the performance requirements of the Building Code of Australia are to be complied with (if an alternative solution, to meet the performance requirements, is to be used),
(d)  a description of any accredited building product or system sought to be relied on for the purposes of section 85A (4) of the Act,
(e)  copies of any compliance certificate to be relied on,
(f)  if the development involves building work to alter, expand or rebuild an existing building, a scaled plan of the existing building,
(g)  in the case of development to which clause 4A applies, such other matters as any BASIX certificate for the development requires to be included in the plans and specifications,
(h)  in the case of BASIX optional development—if the application for a complying development certificate is accompanied by a BASIX certificate or BASIX certificates (despite there being no obligation under clause 4A for it to be so accompanied), such other matters as any BASIX certificate for the development requires to be included in the plans and specifications.
(5A)  An application for a complying development certificate that relates only to fire link conversion need only be accompanied by a document that describes the design and construction, and mode of operation, of the new fire alarm communication link.
(6)  Appropriate subdivision work plans and specifications referred to in subclause (1) (f) include the following:
(a)  details of the existing and proposed subdivision pattern (including the number of lots and the location of roads),
(b)  details as to which public authorities have been consulted with as to the provision of utility services to the land concerned,
(c)  detailed engineering plans as to the following matters:
(i)  earthworks,
(ii)  roadworks,
(iii)  road pavement,
(iv)  road furnishings,
(v)  stormwater drainage,
(vi)  water supply works,
(vii)  sewerage works,
(viii)  landscaping works,
(ix)  erosion control works,
(d)  copies of any compliance certificates to be relied on.
4A   BASIX certificate required for certain development
(1)  In addition to the documents required by clause 4, an application for a complying development certificate for any BASIX affected development must also be accompanied by a BASIX certificate or BASIX certificates for the development, being a BASIX certificate or BASIX certificates that has or have been issued no earlier than 3 months before the date on which the application is made.
(2)  If the proposed development involves the alteration, enlargement or extension of a BASIX affected building that contains more than one dwelling, a separate BASIX certificate is required for each dwelling concerned.
Part 3 Construction certificates
5   Information to be included in application for construction certificate
An application for a construction certificate must contain the following information:
(a)  the name and address of the applicant,
(b)  a description of the building work or subdivision work to be carried out,
(c)  the address, and formal particulars of title, of the land on which the building work or subdivision work is to be carried out,
(d)  in the case of building work, the class of the building under the Building Code of Australia,
(e)  the registered number and date of issue of the relevant development consent, if consent has already been granted for the proposed development,
(f)  the estimated cost of the development,
(g)    (Repealed)
(h)  a list of the documents accompanying the application.
6   Documents to accompany application for construction certificate
(1)  An application for a construction certificate must be accompanied by the following documents:
(a)  if the development involves building work (including work in relation to a dwelling-house or a building or structure that is ancillary to a dwelling-house):
(i)  a detailed description of the development, and
(ii)  appropriate building work plans and specifications,
(b)  if the development involves building work (other than work in relation to a dwelling-house or a building or structure that is ancillary to a dwelling-house or work that relates only to fire link conversion):
(i)  a list of any existing fire safety measures provided in relation to the land or any existing building on the land, and
(ii)  a list of the proposed fire safety measures to be provided in relation to the land and any building on the land as a consequence of the building work,
(c)  if the development involves subdivision work, appropriate subdivision work plans and specifications,
(d)  in the case of development to which clause 6A applies, such other documents as any BASIX certificate for the development requires to accompany the application.
(2)  A detailed description of the development referred to in subclause (1) (a) (i) must indicate the following matters:
(a)  for each proposed new building:
(i)  the number of storeys (including underground storeys) in the building,
(ii)  the gross floor area of the building (in square metres),
(iii)  the gross site area of the land on which the building is to be erected (in square metres),
(b)  for each proposed new residential building:
(i)  the number of existing dwellings on the land on which the new building is to be erected,
(ii)  the number of those existing dwellings that are to be demolished in connection with the erection of the new building,
(iii)  the number of dwellings to be included in the new building,
(iv)  whether the new building is to be attached to any existing building,
(v)  whether the new building is to be attached to any other new building,
(vi)  whether the land contains a dual occupancy,
(vii)  the materials to be used in the construction of the new building (using the abbreviations set out in clause 7 of this Schedule).
(3)  Appropriate building work plans and specifications referred to in subclause (1) (a) (ii) include the following:
(a)  detailed plans, drawn to a suitable scale and consisting of a block plan and a general plan, that show:
(i)  a plan of each floor section, and
(ii)  a plan of each elevation of the building, and
(iii)  the levels of the lowest floor and of any yard or unbuilt on area belonging to that floor and the levels of the adjacent ground, and
(iv)  the height, design, construction and provision for fire safety and fire resistance (if any),
(b)  specifications for the development:
(i)  that describe the construction and materials of which the building is to be built and the method of drainage, sewerage and water supply, and
(ii)  that state whether the materials to be used are new or second-hand and (in the case of second-hand materials) give particulars of the materials to be used,
(c)  a statement as to how the performance requirements of the Building Code of Australia are to be complied with (if an alternative solution, to meet the performance requirements, is to be used),
(d)  a description of any accredited building product or system sought to be relied on for the purposes of section 79C (4) of the Act,
(e)  copies of any compliance certificate to be relied on,
(f)  if the development involves building work to alter, expand or rebuild an existing building, a scaled plan of the existing building,
(g)  in the case of development to which clause 6A applies, such other matters as any BASIX certificate for the development requires to be included in the plans and specifications.
(3A)  An application for a construction certificate that relates only to fire link conversion need only be accompanied by a document that describes the design and construction, and mode of operation, of the new fire alarm communication link.
(4)  Appropriate subdivision work plans and specifications referred to in subclause (1) (c) include the following:
(a)  details of the existing and proposed subdivision pattern (including the number of lots and the location of roads),
(b)  details as to which public authorities have been consulted with as to the provision of utility services to the land concerned,
(c)  detailed engineering plans as to the following matters:
(i)  earthworks,
(ii)  roadworks,
(iii)  road pavement,
(iv)  road furnishings,
(v)  stormwater drainage,
(vi)  water supply works,
(vii)  sewerage works,
(viii)  landscaping works,
(ix)  erosion control works,
(d)  copies of any compliance certificates to be relied on.
6A   BASIX certificate required for certain development
(1)  This clause applies to:
(a)  BASIX affected development, and
(b)  BASIX optional development in relation to which a person made a development application that has been accompanied by a BASIX certificate or BASIX certificates (despite there being no obligation under clause 2A for it to be so accompanied).
(2)  In addition to the documents required by clause 6, an application for a construction certificate for any development to which this clause applies must also be accompanied by a BASIX certificate or BASIX certificates for the development, being either the BASIX certificate applicable to the development when the relevant development consent was granted or some other BASIX certificate or BASIX certificates that has or have been issued no earlier than 3 months before the date on which the application is made.
(3)  If the proposed development involves the alteration, enlargement or extension of a BASIX affected building that contains more than one dwelling, a separate BASIX certificate is required for each dwelling concerned.
Part 4 Abbreviations for building materials
7   Abbreviations for building materials
The following abbreviations are to be used in any development application or application for a complying development certificate:
Walls
Code
Roof
Code
Brick (double)
11
Tiles
10
Brick (veneer)
12
Concrete or Slate
20
Concrete or Stone
20
Fibre cement
30
Fibre cement
30
Steel
60
Timber
40
Aluminium
70
Curtain glass
50
Other
80
Steel
60
Not specified
90
Aluminium
70
  
Other
80
  
Not specified
90
  
Floor
Code
Frame
Code
Concrete or Slate
20
Timber
40
Timber
40
Steel
60
Other
80
Aluminium
70
Not specified
90
Other
80
  
Not specified
90