Environmental Planning and Assessment Regulation 2000
Historical version for 7 June 2011 to 30 June 2011 (accessed 6 June 2020 at 11:06) Current version
Part 6 Division 1
Division 1 Development applications generally
47   Application of Part
(cf clause 45 of EP&A Regulation 1994)
This Part applies to all development applications.
Note.
 Because of the definition of development application in section 4 (1) of the Act, this Part does not apply to complying development or to applications for complying development certificates.
48   Consent authority to provide development application forms to intending applicants
(cf clause 45A of EP&A Regulation 1994)
The consent authority must provide any person intending to make a development application with:
(a)  the consent authority’s scale of fees for development applications generally, and
(b)  if the consent authority has determined the fee to accompany that particular application, advice of the amount determined, and
(c)  if the consent authority requires such an application to be in a particular form, blank copies of that form.
49   Who can make a development application?
(cf clause 46 of EP&A Regulation 1994)
(1)  A development application may be made:
(a)  by the owner of the land to which the development application relates, or
(b)  by any other person, with the consent in writing of the owner of that land.
(2)  Subclause (1) (b) does not require the consent in writing of the owner of the land for a development application made by a public authority if, before making the application, the public authority serves a copy of the application on the owner.
(3)  Despite subclause (1), a development application made by a lessee of Crown land may only be made with the consent in writing given by or on behalf of the Crown.
(3A)  Despite subclause (1), a development application made in respect of land owned by a Local Aboriginal Land Council may be made by a person referred to in that subclause only with the consent of the New South Wales Aboriginal Land Council.
(4)  In this clause, public authority includes an irrigation corporation within the meaning of the Water Management Act 2000 that the Minister administering that Act has, by order in writing, declared to have the status of a public authority for the purposes of this clause in relation to development of a kind specified in the order.
50   How must a development application be made?
(cf clause 46A of EP&A Regulation 1994)
(1)  A development application:
(a)  must contain the information, and be accompanied by the documents, specified in Part 1 of Schedule 1, and
(b)  if the consent authority so requires, must be in the form approved by that authority, and
(c)  must be accompanied by the fee, not exceeding the fee prescribed by Part 15, determined by the consent authority, and
(d)  must be delivered by hand, sent by post or transmitted electronically to the principal office of the consent authority, but may not be sent by facsimile transmission.
(1A)  A development application that relates to a residential flat development, and that is made on or after 1 December 2003, must be accompanied by a design verification from a qualified designer, being a statement in which the qualified designer verifies:
(a)  that he or she designed, or directed the design, of the residential flat development, and
(b)  that the design quality principles set out in Part 2 of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development are achieved for the residential flat development.
(1B)  If a development application referred to in subclause (1A) is also accompanied by a BASIX certificate with respect to any building, the design quality principles referred to in that subclause need not be verified 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.
(2)  A development application that relates to development for which consent under the Wilderness Act 1987 is required must be accompanied by a copy of that consent.
(2A)  A development application that relates to development in respect of which a site compatibility certificate is required by a State Environmental Planning Policy must be accompanied by such a certificate.
(2B)    (Repealed)
(3)  Immediately after it receives a development application, the consent authority:
(a)  must register the application with a distinctive number, and
(b)  must endorse the application with its registered number and the date of its receipt, and
(c)  must give written notice to the applicant of its receipt of the application, of the registered number of the application and of the date on which the application was received.
(4)  In the case of a development application under section 78A (3) of the Act, the application must be accompanied by such matters as would be required under section 81 of the Local Government Act 1993 if approval were sought under that Act.
(5)  The consent authority must forward a copy of the development application to the relevant council if the council is not the consent authority.
(6)  If the development application is for designated development, the consent authority must forward to the Director-General (where the Minister or the Director-General is not the consent authority) and to the council (where the council is not the consent authority) a copy of the environmental impact statement, together with a copy of the relevant application.
Note.
 Additional requirements in relation to the making of a development application apply to applications for designated development, for integrated development and applications for development that affect threatened species.
(7)  In determining whether an alteration, enlargement or extension of a BASIX affected building is BASIX affected development, the consent authority must make its determination by reference to a genuine estimate of the construction costs of the work the subject of the development application, including any part of the work that is BASIX excluded development. The estimate must, unless the consent authority is satisfied that the estimated cost indicated in the development application is neither genuine nor accurate, be the estimate so indicated.
51   Rejection of development applications
(cf clause 47 (1)–(3) of EP&A Regulation 1994)
(1)  A consent authority may reject a development application within 14 days after receiving it if:
(a)  the application is illegible or unclear as to the development consent sought, or
(b)  the application does not contain any information, or is not accompanied by any document, specified in Part 1 of Schedule 1.
(2)  A consent authority may reject a development application within 14 days after receiving it if:
(a1)  being an application for development requiring concurrence, the application fails to include the concurrence fees appropriate for each concurrence relevant to the development, or
(a)  being an application for integrated development, the application fails:
(i)  to identify all of the approvals referred to in section 91 of the Act that are required to be obtained before the development may be carried out, or
(ii)  to include the approval fees appropriate for each approval relevant to the development, or
(iii)  to include the additional information required by this Regulation in relation to the development, or
(b)  being an application referred to in section 78A (8) (b) of the Act, the application is not accompanied by a species impact statement referred to in that paragraph.
(3)  An application is taken for the purposes of the Act never to have been made if the application is rejected under this clause and the determination to reject the application is not changed following any review.
(4)  The consent authority must refund to the applicant the whole of any application fee paid in connection with an application that is rejected under this clause and must notify the applicant in writing of the reasons for the rejection of the application.
(5)  Immediately after the rejection of a development application for:
(a)  development for which the concurrence of a concurrence authority is required, or
(b)  integrated development,
the consent authority must notify each relevant concurrence authority or approval body of the rejection.
52   Withdrawal of development applications
(cf clause 47 (4)–(6) of EP&A Regulation 1994)
(1)  A development application may be withdrawn at any time prior to its determination by service on the consent authority of a notice to that effect signed by the applicant.
(2)  An application that is withdrawn is taken for the purposes of the Act (section 79 (6) of the Act and clause 90 (3) of this Regulation excepted) never to have been made.
(3)  The consent authority may (but is not required to) refund to the applicant the whole or any part of any application fee paid in connection with an application that has been withdrawn.
(4)  Immediately after the withdrawal of a development application for:
(a)  development for which the concurrence of a concurrence authority is required, or
(b)  integrated development,
the consent authority must notify each relevant concurrence authority or approval body of the withdrawal.
53   Consent authority may require additional copies of development application and supporting documents
(cf clause 47A of EP&A Regulation 1994)
A consent authority that is required:
(a)  to refer a development application to another person, or
(b)  to arrange for the public display of a development application,
may require the applicant to give it as many additional copies of the development application and supporting documents as are reasonably required for that purpose.
54   Consent authority may request additional information
(cf clause 48 of EP&A Regulation 1994)
(1)  A consent authority may request the applicant for development consent to provide it with such additional information about the proposed development as it considers necessary to its proper consideration of the application.
(2)  The request:
(a)  must be writing, and
(b)  may specify a reasonable period within which the information must be provided to the consent authority.
(3)  The information that a consent authority may request includes, but is not limited to, information relating to any relevant matter referred to in section 79C (1) (b)–(e) of the Act or in any relevant environmental planning instrument.
(4)  However, the information that a consent authority may request does not include, in relation to building or subdivision work, the information that is required to be attached to an application for a construction certificate.
Note.
 The aim of this provision is to ensure that the consent authority does not oblige the applicant to provide these construction details up-front where the applicant may prefer to test the waters first and delay applying for a construction certificate until, or if, development consent is granted.
(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), or
(b)  such further period as the consent authority may allow,
the applicant is taken to have notified the consent authority that the information will not be provided, and the application may be dealt with accordingly.
55   What is the procedure for amending a development application?
(cf clause 48A of EP&A Regulation 1994)
(1)  A development application may be amended or varied by the applicant (but only with the agreement of the consent authority) at any time before the application is determined.
(2)  If an amendment or variation results in a change to the proposed development, the application to amend or vary the development application must have annexed to it written particulars sufficient to indicate the nature of the changed development.
(3)  If the development application is for:
(a)  development for which concurrence is required, as referred to in section 79B of the Act, or
(b)  integrated development,
the consent authority must immediately forward a copy of the amended or varied application to the concurrence authority or approval body.
55A   Amendments with respect to BASIX commitments
(1)  This clause applies to a development application that has been accompanied by a BASIX certificate pursuant to clause 2A of Schedule 1 or to a development application in relation to BASIX optional development that has been accompanied by a BASIX certificate or BASIX certificates (despite there being no obligation under clause 2A of Schedule 1 for it to be so accompanied).
(2)  Without limiting clause 55, a development application may be amended or varied by the lodging of:
(a)  a new BASIX certificate to replace a BASIX certificate that accompanied the application, or to replace any subsequent BASIX certificate lodged under this clause, and
(b)  if any new accompanying document is required or any existing accompanying document requires amendment, a new or amended accompanying document.
(3)  If an amendment or variation of a development application, or of any accompanying document, results in the proposed development differing in any material respect from the description contained in a current BASIX certificate for the development, the application to amend or vary the development application must have annexed to it a replacement BASIX certificate whose description takes account of the amendment or variation.
(4)  In this clause, a reference to the accompanying document is a reference to any document required to accompany a development application pursuant to clause 2 of Schedule 1.
56   Extracts of development applications to be publicly available
(cf clause 48B of EP&A Regulation 1994)
(1)  This clause applies to all development other than designated or advertised development.
(2)  Extracts of a development application relating to the erection of a building:
(a)  sufficient to identify the applicant and the land to which the application relates, and
(b)  containing a plan of the building that indicates its height and external configuration, as erected, in relation to the site on which it is to be erected, if relevant for that particular development,
are to be made available to interested persons, either free of charge or on payment of reasonable copying charges.
Note.
 The erection of a building is defined in the Act to include the rebuilding of, the making of structural alterations to, or the enlargement or extension of a building or the placing or relocating of a building on land.
57   Copyright in documents forming part of or accompanying development applications—applicant’s indemnification
(cf clause 48C of EP&A Regulation 1994)
Upon a development application being made under section 78A of the Act, the applicant (not being entitled to copyright) is taken to have indemnified all persons using the development application and documents in accordance with the Act against any claim or action in respect of breach of copyright.