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Environmental Planning and Assessment Regulation 2000
Historical version for 19 December 2014 to 31 December 2014 (accessed 3 August 2020 at 22:39) Current version
130AB Requirement to advise of applications for certain complying development certificates
(1) This clause applies to a complying development certificate in relation to any of the following development, other than on land within a residential release area, if the development is to be carried out on a lot that has a boundary within 20 metres of the boundary of another lot on which a dwelling is located:(a) development specified under any environmental planning instrument that involves any of the following:(i) a new dwelling,(ii) an addition to an existing dwelling,(b) development specified in Part 7 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Demolition Code),(c) development specified in Division 2 or 7 of Part 2 of State Environmental Planning Policy (Affordable Rental Housing) 2009.(2) A certifying authority for an application for a complying development certificate to which this clause applies must not determine the application by issuing a complying development certificate until at least 14 days after the certifying authority has given a notice that complies with this clause to:(a) if the development will be on land in a rural or residential zone—the occupier of each dwelling referred to in subclause (1) that is on land in a rural or residential zone, and(b) if the certifying authority is not the council for the area in which the development is to be carried out—the council.(3) The notice must be in writing and must include the following:(a) the name and contact details of the certifying authority,(b) a statement that the certifying authority has received an application for a complying development certificate and will determine the application in accordance with the Environmental Planning and Assessment Act 1979,(c) the name, address and contact details of the applicant for the complying development certificate,(d) the address of the land on which the development is to be carried out,(e) a description of the development to which the application relates,(f) the date on which the application was received by the certifying authority,(g) a statement that, once the application is determined, the council is required to make a copy of the determination available for inspection.(4) In this clause:residential release area means any land within:(a) an urban release area identified within a local environmental plan that has been prepared under the Standard Instrument (Local Environmental Plans) Order 2006 and made as provided by section 33A (2) of the Act, or(b) a land release area identified under the Eurobodalla Local Environmental Plan 2012, or(c) any land subject to State Environmental Planning Policy (Sydney Region Growth Centres) 2006, or(d) any area included in Parts 6, 26, 27, 28 and 29 of Schedule 3 to State Environmental Planning Policy (Major Development) 2005.