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Environmental Planning and Assessment Regulation 2000
Historical version for 5 August 2016 to 5 January 2017 (accessed 3 June 2020 at 13:33) Current version
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) If a development application that relates to residential apartment development is made on or after the commencement of the Environmental Planning and Assessment Amendment (Residential Apartment Development) Regulation 2015, the application must be accompanied by a statement by a qualified designer.(1AB) The statement by the qualified designer must:(a) verify that he or she designed, or directed the design, of the development, and(b) provide an explanation that verifies how the development:(i) addresses how the design quality principles are achieved, and(ii) demonstrates, in terms of the Apartment Design Guide, how the objectives in Parts 3 and 4 of that guide have been achieved.(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certificate is required by a State Environmental Planning Policy must be accompanied by such a certificate.(2B) (Repealed)(3) Immediately after it receives a development application, the consent authority:(a) must register the application with a distinctive number, and(b) must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 Secretary (where the Minister or the Secretary 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.