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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Current version for 13 September 2019 to date (accessed 13 November 2019 at 04:24)
Part 15 Division 1
Division 1 Fees for development applications (other than for State significant development)
245   
(Renumbered as clause 245AA)
245AA   
(Renumbered as clause 246A)
246   Definition
In this Division—
development application does not include a development application for State significant development.
246A   What is the maximum fee?
(cf clause 92 of EP&A Regulation 1994)
(1)  The fee for a development application must not exceed the maximum amount determined in accordance with this Division.
(2)  The services covered by the fee for a development application include the following—
(a)  the receipt of the application, and any internal referrals of the application,
(b)  consideration of the application for the purpose of determining whether any further information is required in relation to the proposed development,
(c)  inspection of the land to which the proposed development relates,
(d)  evaluation of the proposed development under section 4.15 of the Act, including discussion with interested parties,
(e)  preparation of internal reports on the application,
(f)  preparation and service of notices of the consent authority’s determination of the application,
(g)  the monitoring and reviewing by the Planning Secretary of the practices and procedures followed by consent authorities in dealing with development applications—
(i)  for the purpose of assessing the efficiency and effectiveness of those practices and procedures, and
(ii)  for the purpose of ensuring that those practices and procedures comply with the provisions of the Act and this Regulation,
(h)  the monitoring and reviewing by the Planning Secretary of the provisions of environmental planning instruments—
(i)  that control development, or
(ii)  that are required to be taken into consideration by consent authorities when dealing with development applications,
for the purposes of assessing the effectiveness of those provisions in achieving their intended effect and making recommendations for their improvement,
(i)  the operational expenses of the Building Professionals Board established under the Building Professionals Act 2005,
(j)  the online delivery of planning services and information by the Planning Secretary, including—
(i)  the compilation and maintenance of the NSW planning database, and
(ii)  the operation of the NSW planning portal, and
(iii)  the enhancement of the NSW planning database and the NSW planning portal.
Note.
 Clause 50 (1) (c) provides that a development application must be accompanied by the fee, not exceeding the fee prescribed by Part 15, determined by the consent authority.
246B   Fee for development application
(cf clause 93 of EP&A Regulation 1994)
(1)  The maximum fee for development involving the erection of a building, the carrying out of work or the demolition of a work or a building, and having an estimated cost within the range specified in the Table to this clause is calculated in accordance with that Table.
(2)  Despite subclause (1), the maximum fee payable for development for the purpose of one or more advertisements is—
(a)  $285, plus $93 for each advertisement in excess of one, or
(b)  the fee calculated in accordance with the Table,
whichever is the greater.
(3)  The fees determined under this clause do not apply to development for which a fee is payable under clause 247.
Table
Estimated cost
Maximum fee payable
Up to $5,000
$110
$5,001–$50,000
$170, plus an additional $3 for each $1,000 (or part of $1,000) of the estimated cost.
$50,001–$250,000
$352, plus an additional $3.64 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $50,000.
$250,001–$500,000
$1,160, plus an additional $2.34 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $250,000.
$500,001–$1,000,000
$1,745, plus an additional $1.64 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $500,000.
$1,000,001–$10,000,000
$2,615, plus an additional $1.44 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $1,000,000.
More than $10,000,000
$15,875, plus an additional $1.19 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $10,000,000.
247   Fee for dwelling-house—construction cost under $100,000
(cf clause 94 of EP&A Regulation 1994)
A maximum fee of $455 is payable for development involving the erection of a dwelling-house with an estimated cost of construction of $100,000 or less.
248   Additional fee—residential apartment development
An additional fee, not exceeding $3,000, is payable for development involving an application for development consent, or an application for the modification of the development consent, that is referred to a design review panel for advice.
249   Maximum fee—subdivision of land
(cf clause 96 of EP&A Regulation 1994)
The maximum fee payable for development involving the subdivision of land is calculated as follows—
(a)  subdivision (other than strata subdivision)—
(i)  involving the opening of a public road, $665, plus $65 for each additional lot created by the subdivision, or
(ii)  not involving the opening of a public road, $330, plus $53 for each additional lot created by the subdivision,
(b)  strata subdivision, $330, plus $65 for each additional lot created by the subdivision.
Note.
 For example, a plan of subdivision that provides for 5 lots over land that has previously comprised 2 lots will result in the creation of 3 additional lots, and so attract a fee that includes a base amount of $665 or $330, as the case requires, together with a further amount of $65 or $53, as the case requires, for each of the 3 additional lots.
250   Development not involving the erection of a building, the carrying out of a work, the subdivision of land or the demolition of a building or work
(cf clause 97 of EP&A Regulation 1994)
A maximum fee of $285 is payable for development that does not involve the erection of a building, the carrying out of a work, the subdivision of land or the demolition of a building or work.
251   Additional fee—designated development
In addition to any other fees payable under this Division, a maximum fee of $920 is payable for designated development.
252   Additional fees—development requiring advertising
(cf clause 99 of EP&A Regulation 1994)
(1)  In addition to any other fees payable under this Division, a consent authority may charge up to the following maximum fees for the giving of the notice required for the development—
(a)  $2,220, in the case of designated development,
(b)  $1,105, in the case of advertised development,
(c)  $1,105, in the case of prohibited development,
(d)  $1,105, in the case of development for which an environmental planning instrument or development control plan requires notice to be given otherwise than as referred to in paragraph (a), (b) or (c).
(2)  The consent authority must refund so much of the fee paid under this clause as is not spent in giving the notice.
252A   Additional fees—development requiring concurrence
(1)  An additional processing fee of $140, plus a concurrence fee for payment to each concurrence authority, are payable in respect of an application for development that requires concurrence under the Act or an environmental planning instrument.
(2)  The concurrence fee is to be paid to the concurrence authority.
(3)  The concurrence fee for a development application is not payable—
(a)  to any concurrence authority whose concurrence may be assumed in accordance with clause 64, or
(b)  to any concurrence authority that has waived the payment of the fee.
(3A)  A concurrence authority may determine to repay the whole or any part of a concurrence fee paid to it under this clause, in which case the whole or part of the concurrence fee must be repaid to the applicant.
(4)  The additional processing fee is not payable—
(a)  for any application in respect of which concurrence may be assumed in accordance with clause 64 for all of the concurrence authorities concerned, or
(b)  for any application made before 1 July 2002.
(5)  For the purposes of this clause, the concurrence fee payable to a concurrence authority for a development application is $320.
(6)  A concurrence authority may waive or reduce the concurrence fee payable to it generally, in relation to a particular application or in relation to a class of applications by giving written notice to—
(a)  a consent authority for concurrence fees collected by the consent authority, or
(b)  the Planning Secretary for concurrence fees collected by means of the NSW planning portal.
253   Additional fees—integrated development
(cf clause 100 of EP&A Regulation 1994)
(1)  An additional processing fee of $140, plus an approval fee for payment to each approval body, are payable in respect of an application for integrated development.
(2)  The approval fee is to be paid to the approval body.
(2A)  The approval fee for a development application is not payable to any approval body that has waived the payment of the fee.
(2B)  An approval body may determine to repay the whole or any part of an approval fee paid to it under this clause, in which case the whole or part of the approval fee must be repaid to the applicant.
(3)  The additional processing fee is payable in respect only of applications made on or after 1 July 2002.
(4)    (Repealed)
(5)  For the purposes of this clause, the approval fee payable to an approval body for a development application is $320.
(6)  An approval body may waive or reduce the approval fee payable to it generally, in relation to a particular application or in relation to a class of applications by giving written notice to—
(a)  a consent authority for approval fees collected by the consent authority, or
(b)  the Planning Secretary for approval fees collected by means of the NSW planning portal.
254   What if two or more fees are applicable to a single development application?
(cf clause 101 of EP&A Regulation 1994)
If two or more fees are applicable to a single development application (such as an application to subdivide land and erect a building on one or more lots created by the subdivision), the maximum fee payable for the development is the sum of those fees.
255   How is a fee based on estimated cost determined?
(cf clause 102 of EP&A Regulation 1994)
(1)  In determining the fee for development involving the erection of a building, the consent authority must make its determination by reference to a genuine estimate of—
(a)  the costs associated with the construction of the building, and
(b)  the costs associated with the preparation of the building for the purpose for which it is to be used (such as the costs of installing plant, fittings, fixtures and equipment).
(1A)  In determining the fee for development involving the carrying out of a work, the consent authority must make its determination by reference to a genuine estimate of the construction costs of the work.
(1B)  In determining the fee for development involving the demolition of a building or work, the consent authority must make its determination by reference to a genuine estimate of the costs of demolition.
(2)  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.
256   Determination of fees after development applications have been made
(cf clause 103 of EP&A Regulation 1994)
(1)  The determination of a fee to accompany a development application must be made before, or within 14 days after, the application is lodged with the consent authority.
(2)  A determination made after the lodging of a development application has no effect until notice of the determination is given to the applicant.
(3)  A consent authority may refuse to consider a development application for which a fee has been duly determined and notified to the applicant but remains unpaid.
256A   Proportion of development application fees to be remitted to Planning Secretary
(1)  For each development application lodged with a consent authority for development referred to in clause 246B (1) having an estimated cost exceeding $50,000, an amount calculated as follows is to be set aside for payment to the Planning Secretary for the services referred to in clause 246A (2) (g), (h), (i) and (j)—
 
where—
P represents the amount to be set aside, expressed in dollars rounded down to the nearest dollar, and
E represents the estimated cost of the development, expressed in dollars rounded up to the nearest thousand dollars.
(1A)  Such part of the amount referred to in subclause (1) as is not directed by the Minister to be paid into the Building Professionals Board Fund under section 4.64 (6) of the Act is to be applied by the Planning Secretary to the services referred to in clause 246A (2) (g), (h) and (j).
(2)  The consent authority must forward to the Planning Secretary—
(a)  on or before the 14th day of each month, a report in relation to development applications lodged with it during the previous month containing such information, and being prepared in such form, as the Planning Secretary may determine, and
(b)  on or before the 28th day of each month, the total amount set aside under subclause (1) in relation to those development applications.
(3)  The Planning Secretary may at any time reduce or waive (unconditionally or subject to conditions) the amount to be paid under this clause.
256B   Concept development applications
The maximum fee payable for a concept development application in relation to a site, and for any subsequent development application for any part of the site, is the maximum fee that would be payable as if a single development application only was required for all the development on the site.