Environmental Planning and Assessment Regulation 2000
Current version for 15 May 2020 to date (accessed 26 May 2020 at 22:37)
Part 6 Division 11
Division 11 Time within which development application procedures to be completed
106   Definition of “assessment period”
In this Division, assessment period means—
(a)  the period prescribed by clause 62(1) (or the period of 50 days prescribed by clause 59(3)) as the period within which a concurrence authority must notify its decision as to a development application relating to development that requires its concurrence, but only if that period has commenced to run, or
Note.
 Generally, the period prescribed by clause 62(1) is 21 or 40 days.
(b)  the period of 21 or 40 days, as the case may be, prescribed by clause 70(1) as the period within which an approval body must notify its decision as to a development application relating to integrated development, but only if that period has commenced to run,
(c)  the period of 25 days referred to in clauses 109(2), 110(2) and 111(2),
(d)  the period of 40, 60 or 90 days, as the case may be, prescribed by clause 113(1) as the period beyond which a development application is taken to have been refused.
107   First 2 days after development application is lodged
Neither the day on which a development application is lodged with the consent authority nor the following day are to be taken into consideration in calculating the number of days in any of the assessment periods.
108   (Repealed)
109   Days occurring while consent authority’s request for additional information remains unanswered
(1)  Any day that occurs between the date of a consent authority’s request for additional information under clause 54 and—
(a)  the date on which the information is provided to the consent authority, or
(b)  the date on which the applicant notifies, or is taken to have notified, the consent authority in writing that the information will not be provided,
whichever is the earlier, is not to be taken into consideration in calculating the number of days in any of the assessment periods.
(2)  Subclause (1) applies only if the relevant request is made within 25 days after the date on which the development application was lodged with the consent authority.
Note.
 The 25-day period may be extended by operation of clauses 107 and 108.
110   Days occurring while concurrence authority’s or approval body’s request for additional information remains unanswered
(1)  Any day that occurs between the date on which a consent authority receives a concurrence authority’s or approval body’s request for additional information under clause 60 or 67 and—
(a)  the date occurring 2 days after the date on which the consent authority refers to the concurrence authority or approval body the additional information provided by the applicant, or
(b)  the date occurring 2 days after the date on which the consent authority notifies the concurrence authority or approval body that the applicant has notified the consent authority that the additional information will not be provided,
whichever is the earlier, is not to be taken into consideration in calculating the number of days in any of the assessment periods.
(2)  Subclause (1) applies only if the relevant request is made within 25 days after the date on which the development application is received by the concurrence authority or approval body concerned.
Note.
 The 25-day period may be extended by operation of clauses 107 and 108.
(3)  Subclause (1) does not apply in relation to a request for additional information that is made by the Planning Secretary under—
(a)  clause 60 (in circumstances in which the Planning Secretary is a concurrence authority due to the operation of State Environmental Planning Policy (Concurrences) 2018), or
(b)  clause 70AA.
111   Days occurring during consultation under National Parks and Wildlife Act 1974
(1)  If—
(a)  development is integrated development because, or partly because, it requires consent under section 90 of the National Parks and Wildlife Act 1974, and
(b)  the Chief Executive of the Office of Environment and Heritage is of the opinion that consultation with an Aboriginal person or persons, an Aboriginal Land Council or another Aboriginal organisation concerning a relic or Aboriginal place is required before the Chief Executive can make a decision concerning the general terms of approval in relation to such a consent (including whether or not the Chief Executive will grant consent),
any day that occurs during the consultation (being a period that does not extend more than 46 days from the date on which the development application was lodged with the consent authority) is not to be taken into consideration for the purpose of calculating the number of days in any of the assessment periods.
(2)  Subclause (1) applies only if the consultation commences within 25 days after the date on which the development application is forwarded to the Chief Executive of the Office of Environment and Heritage.
Note.
 The 25-day period may be extended by operation of clauses 107 and 108.
112   Consent authority to notify applicant that time has ceased to run
(1)  On the occurrence of each of the following events, namely—
(a)  a request by a consent authority for additional information under clause 54,
(b)  the receipt by a consent authority of a concurrence authority’s or approval body’s request for additional information under clause 60 or 67,
(c)  the receipt by a consent authority of a notice from the Chief Executive of the Office of Environment and Heritage under clause 68,
the consent authority must notify the applicant of the effect that this Division has on the various assessment periods to which this Division relates as a consequence of those events having occurred.
(2)  If several events require notification under this clause, a single notification referring to each of those events is sufficient.
Note.
 The object of this clause is to ensure that the applicant is kept informed as to when the various deadlines imposed by this Regulation occur in relation to the processing of his or her development application and, in particular, as to when any right of appeal may arise as a consequence of a deemed refusal of the application.
113   Applications taken to be refused
(cf clause 70B of EP&A Regulation 1994)
(1)  For the purposes of section 8.11(1) of the Act, a development application is taken to be refused if a consent authority has not determined the application within the deemed refusal period, being—
(a)  40 days, except in the case of development referred to in paragraph (b) or (c), or
(b)  60 days, in the case of—
(i)  designated development, or
(ii)  integrated development (other than integrated development that, pursuant to Part 5 of State Environmental Planning Policy (Primary Production and Rural Development) 2019, is Class 1 aquaculture development), or
(iii)  development for which the concurrence of a concurrence authority is required, or
(iv)  a development application that is accompanied by a biodiversity development assessment report and that proposes a discount in the biodiversity credits required under the report to be retired, or
(c)  90 days, in the case of State significant development.
(2)  The deemed refusal period is measured from—
(a)  the date the development application is lodged with the consent authority, or
(b)  the date the Commission complies with clause 6 of Schedule 2 to the Act, if a public hearing has been conducted by the Independent Planning Commission into development other than development the subject of a development application to which section 8.7 of the Act does not apply, or part of any such development.
(3)  In the case of nominated integrated development, threatened species development or Class 1 aquaculture development for which the relevant submission period exceeds the minimum period specified in clause 8A of Schedule 1 to the Act, the deemed refusal period is to be increased by that part of the submission period that exceeds the minimum period specified in clause 8A of Schedule 1 to the Act, despite subclause (1).
(3A)  Despite subclause (1), if the relevant submission period for an application for designated development exceeds the minimum period specified in clause 8 of Schedule 1 to the Act, the deemed refusal period is to be increased by that part of the submission period that exceeds that minimum period.
(4)  If the relevant submission period for a development application for designated development is more than the minimum period specified in clause 8 of Schedule 1 to the Act, the consent authority is to notify the applicant of the period and the effect of the extension of the period on the operation of this Division for the purposes of section 8.11 of the Act.
(5)  In the case of State significant development for which the relevant submission period exceeds the minimum period specified in clause 9 of Schedule 1 to the Act, the deemed refusal period is to be increased by that part of the submission period that exceeds the minimum period specified in clause 9 of Schedule 1 to the Act, despite subclause (1).
(6)  If the relevant submission period for a development application for State significant development is more than the minimum period specified in clause 9 of Schedule 1 to the Act, the Minister is to notify the applicant of the period and the effect of the extension of the period on the operation of this Division for the purposes of section 8.11 of the Act.
(7)  In the case of State significant development, any day that occurs between the date of the Planning Secretary’s request for a written response to submissions under clause 85A and the date on which that response is provided to the Planning Secretary is not to be taken into consideration in calculating the number of days in the deemed refusal period.
Note.
 This clause does not apply in respect of a development application if section 8.7 of the Act does not apply to the application.
113A   Public participation— application under section 8.3 of the Act for review of council’s determination
(1)  This clause applies to an application under section 8.3 of the Act for review by a council of its determination of a development application.
(2)  An application to which this clause applies must be notified or advertised for a period the period specified in clause 20A of Schedule 1 to the Act, but otherwise in the same manner as the original development application was notified or advertised.
(3)    (Repealed)
(4)  The council must cause copies of the application to be given to each concurrence authority for the development to which the application relates.
(5)  The notice or advertisement referred to in subclause (2) must contain the following information—
(a)  a brief description of the original development application and the land to which it relates,
(b)  a statement that submissions concerning the application for review may be made to the council within the period referred to in section 8.5(1)(b) of the Act.
(6)    (Repealed)
(7)  During the period referred to in subclause (2), any person may inspect the application and any accompanying information and make extracts from or copies of them.
113B   Period after which Crown development applications may be referred to Minister or regional panel
(1)  For the purposes of section 4.33(2) of the Act, the prescribed period is 70 days after the Crown development application is lodged with the consent authority.
(2)  For the purposes of section 4.33(5) of the Act, the prescribed period is 50 days after the Crown development application is referred to the applicable regional panel under section 4.33(2)(b) of the Act.