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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 19 November 2019 at 06:40)
Part 3 Division 6
Division 6 Miscellaneous
25   Additional information requested by relevant planning authority
(1)  If an environmental planning instrument requires or permits a development control plan to be prepared and submitted to the relevant planning authority, the planning authority may request the owners (as referred to in section 3.44 of the Act) who are submitting the plan to provide the planning authority with such additional information as the planning authority considers necessary for the purposes of making the plan.
(2)  Any such request is to be in writing.
(3)  The information that the relevant planning authority may request is limited to information relating to any relevant matter referred to in an environmental planning instrument.
(4)  In accordance with section 3.44 (6) of the Act, the 60-day period referred to in section 3.44 (5) of the Act may be extended by the number of days from the day on which the request for the information was made until the day on which the information is provided or on which the owners refuse to supply the information (whichever is the sooner).
(5)  If the owners refuse to supply the requested information, the development control plan is taken not to have been submitted to the relevant planning authority.
25AA   Assessment and preparation fees
(1)  If a draft development control plan under section 3.44 of the Act is prepared (and submitted to the relevant planning authority) by the owners of the land to which it applies, the owners must pay the relevant planning authority an assessment fee as determined by the planning authority.
(2)  If any such draft development control plan is prepared by the relevant planning authority at the request of the owners (or the percentage of the owners as referred in section 3.44 (3) of the Act), those owners must pay the planning authority a preparation fee as determined by the planning authority.
(3)  Any such assessment or preparation fee must not exceed the reasonable cost, to the relevant planning authority, of assessing or preparing the draft development control plan, carrying out any associated studies and publicly exhibiting the draft plan.
(4)  If there is more than one owner of the land to which the draft development control plan applies, the fee concerned is to be apportioned between them as the relevant planning authority determines.
(5)  If the Minister, in accordance with section 3.44 (5) (b) of the Act, acts in the place of a council to make the development control plan concerned, the council must, if directed by the Minister to do so, forward to the Minister any assessment or preparation fee that has been paid to the council in relation to that plan.
(6)  Any assessment or preparation fees payable under clause 272, 273, 273A, 274A or 274B (as in force before their repeal by the Environmental Planning and Assessment Amendment (Planning Instruments and Development Consents) Regulation 2005) are taken to be fees (as determined by the relevant planning authority concerned) payable under this clause. If, under any such repealed clause, a lessee was liable to pay a fee, a reference in this clause to the owner of the land extends to any such lessee.
25AB   Councils to provide copies of development control plans to Planning Secretary
A council must, within 28 days of making a development control plan, provide the Planning Secretary with a copy of the plan.
25AC   Purchase of copies of development control plans
Copies of a development control plan (including any document referred to in a development control plan such as a supporting map, plan, diagram, illustration or other material) are to be made available for purchase from the principal office of the relevant planning authority that prepared the plan.
Note.
 Under section 3.45 (4) of the Act, a development control plan must be available for inspection (without charge) at the principal office of the relevant planning authority that prepared the plan.
The above clause does not require the relevant planning authority to supply certified copies of any document. Certified copies are supplied under section 10.8 of the Act on payment of a prescribed fee. The fee for a certified copy is prescribed by clause 262.
25AD   (Repealed)