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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Historical version for 30 September 2015 to 1 October 2015 (accessed 27 January 2020 at 02:44) Current version
Part 7 Division 2
Division 2 Determination of applications and commencement of complying development
130AA   Time limit for determining application for complying development certificate
For the purposes of section 85A (8) of the Act, the period prescribed by the regulations is:
(a)  for development that requires a notice to be given under clause 130AB—20 days, or
(b)  in any other case—10 days.
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
(d)  any area included in Parts 6, 26, 27, 28 and 29 of Schedule 3 to State Environmental Planning Policy (Major Development) 2005.
130   Procedure for determining application for complying development certificate and notification requirements
(cf clause 77 of EP&A Regulation 1994)
(1)  A certifying authority must not issue a complying development certificate for building work unless the proposed building (not being a temporary building) will comply with the relevant requirements of the Building Code of Australia (as in force at the time the application for the certificate was made).
(2)  In the case of complying development that is required to comply with the deemed-to-satisfy provisions of Volume One, or Section 3 of Volume Two, of the Building Code of Australia, a complying development certificate cannot authorise compliance with an alternative solution to the performance requirements corresponding to those deemed-to-satisfy provisions.
(2A)  A certifying authority must not issue a complying development certificate for building work that involves an alternative solution under the Building Code of Australia in respect of a fire safety requirement unless the certifying authority has obtained or been provided with either or both of the following issued by a fire safety engineer:
(a)  a compliance certificate referred to in section 109C (1) (a) (v) of the Act that certifies that the alternative solution complies with the relevant performance requirements of the Building Code of Australia,
(b)  a written report that includes a statement that the alternative solution complies with the relevant performance requirements of the Building Code of Australia.
(2B)  Subclause (2A) applies only to building work in respect of:
(a)  a class 9a building, as defined in the Building Code of Australia, that is proposed to have a total floor area of 2,000 square metres or more, and
(b)  any building (other than a class 9a building) that is proposed to have:
(i)  a fire compartment, as defined in the Building Code of Australia, with a total floor area of more than 2,000 square metres, or
(ii)  a total floor area of more than 6,000 square metres,
that involves an alternative solution under the Building Code of Australia in respect of the requirements set out in EP1.4, EP2.1, EP2.2, DP4 and DP5 in Volume 1 of that Code.
(2C)    (Repealed)
(2D)  A fire safety engineer may issue a written report under subclause (2A) (b) in respect of an alternative solution prepared by the engineer.
(2E)  A certifying authority must not issue a complying development certificate for proposed development comprising internal alterations to, or a change of use of, an existing building that is subject to an alternative solution relating to a fire safety requirement under the Building Code of Australia unless:
(a)  the certifying authority has obtained or been provided with a written report by another accredited certifier, who is an accredited certifier for the purpose of issuing a complying development certificate for a building of that kind, and
(b)  the written report includes a statement that the proposed development is consistent with that alternative solution.
(3)  Evidence of the issue of a complying development certificate must be endorsed by the council or the accredited certifier on any plans, specifications and any other documents that were lodged with the application for the certificate or submitted to the accredited certifier in accordance with clause 126.
(4)  For the purposes of section 85A (11) (b) of the Act, the accredited certifier must cause notice of his or her determination of an application for a complying development certificate to be given to the council by forwarding to it, within 2 days after the date of the determination, copies of:
(a)  the determination, together with the application to which it relates, and
(b)  any endorsed plans, specifications or other documents that were lodged with the application or submitted to the accredited certifier in accordance with clause 127, and
(c)  any complying development certificate issued as a result of the determination, together with any associated fire safety schedule, and
(d)  the record of any inspection made for the purposes of clause 129B in relation to the issue of the complying development certificate unless the inspection was carried out by the council, and
(e)    (Repealed)
(5), (6)    (Repealed)
130A   Copy of particular documents to be given to NSW Rural Fire Service and council
(1)  If a certifying authority issues a complying development certificate for development on bush fire prone land, the certifying authority must send a copy of the following to the NSW Rural Fire Service:
(a)  the complying development certificate, and
(b)  any associated documentation (including a copy of the application and the certification required under clause 3.36B or 3A.37 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008).
(2)  If the certifying authority is not a council, the certifying authority must also send a copy of the documents mentioned in subclause (1) to the council.
131   Development standards for change of building use
(1)  This clause applies to development for which a complying development certificate is sought involving a change of building use of an existing building.
(2)  The development standards applicable to such development include the following requirements:
(a1)  that, whether or not any building work is carried out, the building will contain measures that are adequate, in the event of fire, to facilitate the safe egress of persons from the part of the building affected by the change of building use,
(a)  that, on completion of any building work, the fire protection and structural capacity of the building will be appropriate to the proposed use,
(b)  that, whether or not any building work is carried out, the building will comply with such of the Category 1 fire safety provisions as are applicable to the proposed use,
assuming that any building work is carried out in accordance with the plans and specifications to which the complying development certificate relates and any conditions to which the complying development certificate is subject.
132   Development standards for building work involving the alteration, enlargement or extension of an existing building
(1)  This clause applies to development for which a complying development certificate is sought involving the alteration, enlargement or extension of an existing building, otherwise than in connection with a change of building use of an existing building.
(2)  The development standards applicable to such development include the requirements that on completion of the building work:
(a)  if the building work involves the reconfiguration of any internal part of the building (being a part that is to be occupied)—the building will contain measures that are adequate, in the event of fire, to facilitate the safe egress of persons from the reconfigured part of the building, and
(b)  the fire protection and structural capacity of the building will not be reduced.
(3)  That requirement assumes that the building work is carried out in accordance with the plans and specifications to which the complying development certificate relates and any conditions to which the complying development certificate is subject.
132A   (Repealed)
133   Development standards for erection of temporary structure
(1)  This clause applies to development for which a complying development certificate is sought involving the erection of a temporary structure.
(2)  The development standards applicable to such development include the following requirements:
(a)  the fire protection and structural capacity of the structure will, when the structure is erected, be appropriate to the proposed use of the structure,
(b)  the ground or other surface on which the structure is to be erected will be sufficiently firm and level to sustain the structure while in use.
134   Form of complying development certificate
(1)  A complying development certificate must contain the following:
(a)  the identity of the certifying authority that issued it, including, in a case where the certifying authority is an accredited body corporate, the identity of the individual who issued the certificate on behalf of the body corporate,
(b)  if the certifying authority is an accredited certifier, the accreditation number of the certifying authority, including, in a case where the certifying authority is an accredited body corporate, the accreditation number of the individual who issued the certificate on behalf of the body corporate,
(b1)  if the certifying authority is an accredited certifier who is an individual, the signature of the accredited certifier,
(b2)  if an individual issued the certificate on behalf of the certifying authority, the signature of the individual who issued the certificate,
(c)  the date of the certificate,
(d)  the date on which the certificate lapses,
(e)  a statement to the effect that the development is complying development and (if carried out as specified in the certificate) will comply with all development standards applicable to the development and with such other requirements prescribed by this regulation concerning the issue of the certificate,
(f)  if the development involves the erection of a building, the class of the building under the Building Code of Australia,
(g)  any conditions imposed on the development under this Regulation.
(1A)  A complying development certificate for development that is complying development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 must also specify:
(a)  the land use zone within which the land is situated, and
(b)  if the land is not zoned under an environmental planning instrument made as provided by section 33A (2) of the Act, the equivalent named land use zone applicable to the land for the purposes of that Policy.
(2)  A complying development certificate for the erection of a building must be accompanied by a fire safety schedule for the building (if a fire safety schedule is required under Part 9).
(2A)  A complying development certificate for any development must include a copy of any relevant plans endorsed by the certifying authority.
(3)  Subclause (2) does not apply to:
(a)  a class 1a or class 10 building within the meaning of clause 167, or
(b)    (Repealed)
(c)  the erection of a temporary structure.
135   Notice under section 86 of the Act of appointment of principal certifying authority
(cf clause 77A of EP&A Regulation 1994)
A notice given under or for the purposes of section 86 (1) (a1) (i) or (2) (a1) of the Act must contain the following information:
(a)    (Repealed)
(b)  a description of the work to be carried out,
(c)  the address of the land on which the work is to be carried out,
(d)  the registered number and date of issue of the relevant complying development certificate,
(e)  the name and address of the principal certifying authority, and of the person by whom the principal certifying authority was appointed,
(f)  if the principal certifying authority is an accredited certifier:
(i)  his or her accreditation number, and
(ii)    (Repealed)
(iii)  a statement signed by the accredited certifier to the effect that he or she consents to being appointed as principal certifying authority, and
(iv)  a telephone number on which he or she may be contacted for business purposes,
and, if the consent authority so requires, must be in the form approved by that authority.
135A   Notice under section 86 of the Act of critical stage inspections
A notice given under section 86 (1) (a1) (ii) of the Act must contain the following information:
(a)  the name and address of the principal certifying authority by whom the notice is given,
(b)  a telephone number on which the principal certifying authority can be contacted for business purposes,
(c)  the registered number of the complying development certificate,
(d)  a description of the work to be carried out,
(e)  the address of the land at which the work is to be carried out,
(f)  a list of the critical stage inspections and other inspections required to be carried out in respect of the work.
136   Notice under section 86 of the Act of intention to commence subdivision work or erection of building
(cf clause 77A of EP&A Regulation 1994)
A notice given under or for the purposes of section 86 (1) (b) or (2) (b) of the Act must contain the following information:
(a)  the name and address of the person by whom the notice is being given,
(b)  a description of the work to be carried out,
(c)  the address of the land on which the work is to be carried out,
(d)  the registered number and date of issue of the relevant complying development certificate,
(e)  the date on which the work is intended to commence,
(f)  a statement signed by or on behalf of the principal certifying authority to the effect that all conditions of the relevant complying development certificate that are required to be satisfied before the work commences have been satisfied,
and, if the consent authority so requires, must be in the form approved by that authority.