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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Current version for 1 September 2017 to date (accessed 22 September 2017 at 01:58)
Part 6 Division 7
Division 7 Public participation—other advertised development
86   Application of Division
(cf clause 65 of EP&A Regulation 1994)
(1)  This Division applies to other advertised development.
(2)  This Division does not apply to development on land to which clause 36 of Newcastle Local Environmental Plan 2003 applies.
87   How must a development application be publicly notified?
(cf clause 65 of EP&A Regulation 1994)
As soon as practicable after a development application for other advertised development is lodged with the consent authority, the consent authority must:
(a)  give written notice of the application (referred to in this Division as a written notice), and
(b)  cause notice of the application to be published in a local newspaper (referred to in this Division as a published notice).
88   Who must written notice be given to?
(cf clause 65 of EP&A Regulation 1994)
(1)  Written notice of the development application must be given:
(a)  to such persons as appear to the consent authority to own or occupy the land adjoining the land to which the application relates, and
(b)  to such public authorities (other than relevant concurrence authorities or approval bodies) as, in the opinion of the consent authority, may have an interest in the determination of the application.
(2)  For the purposes of this clause:
(a)  if land is a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973, a written notice to the owners corporation is taken to be a written notice to the owner or occupier of each lot within the strata scheme, and
(b)  if land is a lot within the meaning of the Strata Schemes (Leasehold Development) Act 1986, a written notice to the lessor under the leasehold strata scheme concerned and to the owners corporation is taken to be a written notice to the owner or occupier of each lot within the strata scheme, and
(c)  if land is owned or occupied by more than one person, a written notice to one owner or one occupier is taken to be a written notice to all the owners and occupiers of that land.
89   What information must be contained in a written notice and a published notice?
(cf clause 65 of EP&A Regulation 1994)
(1)  A written notice and a published notice of the development application must contain the following information:
(a)  a description of the land (including the address) on which the development is proposed to be carried out,
(b)  the name of the applicant and the name of the consent authority,
(c)  a description of the proposed development,
(d)  a statement that the application and the documents accompanying that application may be inspected at the consent authority’s principal office for a period specified in the notice during the consent authority’s ordinary office hours,
(e)  a statement that any person during the period specified under paragraph (d) may make a written submission in relation to the development application to the consent authority,
(f)  the dates of the period specified under paragraph (d).
(2)  The written notice and the published notice:
(a)  in the case of development that is integrated development:
(i)  must contain a statement that the development is integrated development, and
(ii)  must state the approvals that are required and the relevant approval bodies for those approvals, and
(b)  in the case of development that is threatened species development, must contain a statement that the development is threatened species development.
(3)  The period referred to in subclause (1) (d) must include:
(a)  in the case of nominated integrated development or threatened species development, the period of 30 days, and
(b)  in any other case, the period of 14 days,
commencing on the day after the day on which the published notice is first published in a newspaper.
90   Circumstances in which notice requirements may be dispensed with
(cf clause 65 of EP&A Regulation 1994)
(1)  This clause applies to a development application that before being determined by the consent authority, has been amended or substituted, or that has been withdrawn and later replaced, where:
(a)  the consent authority has complied with this Division in relation to the original application, and
(b)  the consent authority is of the opinion that the amended, substituted or later application differs only in minor respects from the original application,
referred to in this clause as a replacement application.
(2)  The consent authority may decide to dispense with further compliance with this Division in relation to a replacement application and, in that event, compliance with this Division in relation to the original application is taken to be compliance in relation to the replacement application.
(3)  The consent authority must give written notice to the applicant of its decision under this clause at or before the time notice of the determination of the replacement application is given under section 81 of the Act.
91   Public notification of development application and accompanying information
(cf clause 65 of EP&A Regulation 1994)
(1)  The consent authority must ensure that a development application is publicly notified in accordance with the relevant requirements and that any accompanying information is available for inspection during the relevant submission period at the place or places specified in the public notice.
(2)  During the relevant submission period:
(a)  any person may inspect the development application and any accompanying information and make extracts from or copies of them, and
(b)  any person may make written submissions to the consent authority with respect to the development application.
(3)  A submission by way of objection must set out the grounds of the objection.