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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 12 November 2019 at 09:38)
Part 7 Division 1
Division 1 Applications for complying development certificates
125   Application of Part
(cf clause 75 of EP&A Regulation 1994)
This Part applies to complying development.
126   Making application for complying development certificate
(cf clause 75A of EP&A Regulation 1994)
(1)  An application for a complying development certificate—
(a)  must contain the information, and be accompanied by the documents, specified in Part 2 of Schedule 1, and
(b)  if the certifying authority so requires, must be in the form approved by that authority, and
(c)  must be lodged on the NSW planning portal or be delivered by hand, sent by post or transmitted electronically to the principal office of the council or the accredited certifier, but may not be sent by facsimile transmission.
(2)  Immediately after it receives an application for a complying development certificate, the council or accredited certifier must endorse the application with the date of its receipt.
(3)  In determining whether an alteration, enlargement or extension of a BASIX affected building is BASIX affected development, the certifying authority must make its determination by reference to a genuine estimate of the construction costs of the work, including any part of the work that is BASIX excluded development. The estimate must, unless the certifying authority is satisfied that the estimated cost indicated in the application for a complying development certificate is neither genuine nor accurate, be the estimate so indicated.
(4)  A single application for a complying development certificate may be made for complying development comprising—
(a)  the erection of a dual occupancy, manor house or multi dwelling housing (terraces) on a lot and the subsequent subdivision of that lot, or
(b)  the concurrent erection of any of the following on existing adjoining lots—
(i)  new single storey or two storey dwelling houses,
(ii)  dual occupancies,
(iii)  manor houses,
(iv)  multi dwelling housing (terraces).
127   Council or accredited certifier may require additional information
(cf clause 76 of EP&A Regulation 1994)
(1)  A council or accredited certifier may require the applicant for a complying development certificate to give the council or accredited certifier any additional information concerning the proposed development that is essential to the council’s or accredited certifier’s proper consideration of the application.
(1A)  A council or an accredited certifier may require that the additional information under subclause (1) be obtained by or on behalf of the applicant from a properly qualified person.
(2)  Nothing in this clause affects the council’s or accredited certifier’s duty to determine an application for a complying development certificate.
128   Council or accredited certifier to supply application form for complying development certificates
(cf clause 76A of EP&A Regulation 1994)
If the council or accredited certifier requires an application for a complying development certificate to be in a particular form, it must provide any person intending to make such an application with blank copies of that form.
129   (Repealed)
129A   Amendments with respect to BASIX commitments
(1)  This clause applies to an application for a complying development certificate that has been accompanied by a BASIX certificate or certificates pursuant to clause 4A of Schedule 1 or to an application for a complying development certificate for BASIX optional development that has been accompanied by a BASIX certificate or BASIX certificates (despite there being no obligation under clause 4A of Schedule 1 for it to be so accompanied).
(2)  An application for a complying development certificate may be amended or varied by the lodging of—
(a)  a new BASIX certificate to replace a BASIX certificate that accompanied the application, or to replace any subsequent BASIX certificate lodged under this clause, and
(b)  if any new accompanying document is required or any existing accompanying document requires amendment, a new or amended accompanying document.
(3)  If an amendment or variation of an application for a complying development certificate, or of any accompanying document, results in the proposed development differing in any material respect from the description contained in a current BASIX certificate for the development, the application to amend or vary the application for the complying development certificate must have annexed to it a replacement BASIX certificate whose description takes account of the amendment or variation.
(4)  In this clause, a reference to the accompanying document is a reference to any document required to accompany an application for a complying development certificate pursuant to clause 4 of Schedule 1.
129AA   Restriction on issue of complying development certificate for certain development for the purpose of schools or school-based child care
A certifying authority must not issue a complying development certificate for proposed development for a purpose specified in clause 39 (1) (Existing schools—complying development) or 40 (2) (e) (School-based child care—complying development) of State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 that involves—
(a)  the construction of a new building with a building height (within the meaning of the Standard Instrument) of more than 12 metres, or
(b)  an alteration or addition to an existing building that will result in its building height being more than 12 metres,
unless the certifying authority has been provided with a written statement by a qualified designer that verifies that the development applies the design quality principles set out in Schedule 4 to that Policy.
129AB   Restriction on issue of complying development certificate for certain development related to educational establishments
A certifying authority must not issue a complying development certificate for proposed development that is identified as complying development under State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 unless—
(a)  the relevant roads authority has given its written consent, if required by the Roads Act 1993
(i)  for each opening of a public road required by the development, and
(ii)  to operate or store machinery, materials or waste required by the development on a road or footpath reserve, and
(b)  if the development involves the alteration or erection of improvements on land in a mine subsidence district within the meaning of the Mine Subsidence Compensation Act 1961, the Mines Subsidence Board has approved of the development in writing.
 
Note.
 Information about mine subsidence is information that is a prescribed matter for the purpose of a planning certificate under section 10.7 (2) of the Act.
129B   Restriction on issue of complying development certificate
(1)  A certifying authority must not issue a complying development certificate for development unless a council or an accredited certifier has carried out an inspection of the site of the development.
(1A)  If the development affects an existing building that is a class 1b, 2, 3, 4, 5, 6, 7, 8 or 9 building, an inspection of the site of the development must include an inspection of—
(a)  the parts of the building affected by the development, and
(b)  the egress routes from those parts of the building.
(2)  Subclause (1) does not apply in respect of a complying development certificate that relates only to fire alarm communication link works.
129C   Record of site inspections
(1)  A council or accredited certifier must make a record of each inspection carried out by the council or accredited certifier for the purposes of clause 129B.
(2)  Any council or accredited certifier who is required to make such a record but is not the certifying authority in relation to the issue of the complying development certificate concerned must, within 2 days after the carrying out of the inspection, provide a copy of the record to the certifying authority.
(3)  The record must include the following—
(a)  the date of the application for the complying development certificate,
(b)  the address of the property at which the inspection was carried out,
(c)  the type of inspection,
(d)  the date on which the inspection was carried out,
(e)  if the inspection was carried out by a council, the name of the council and the identity and signature of the individual who carried out the inspection on behalf of the council,
(f)  if the inspection was carried out by an accredited certifier, the identity of the accredited certifier, including, in a case where the accredited certifier is an accredited body corporate, the identity of the individual who carried out the inspection on behalf of the body corporate,
(g)  if the inspection was carried out by an accredited certifier, the accreditation number of the accredited certifier, including, in a case where the accredited certifier is an accredited body corporate, the accreditation number of the individual who carried out the inspection on behalf of the body corporate,
(h)  details of the current fire safety measures in the existing buildings on the site that will be affected by the proposed development concerned,
(i)  details as to whether or not the plans and specifications accompanying the application for the complying development certificate adequately and accurately depict the existing site conditions,
(j)  details of any features of the site, or of any building on the site, that would result in the proposed development the subject of the application for the complying development certificate—
(i)  not being complying development, or
(ii)  not complying with the Building Code of Australia.
129D   Council to be notified of significant fire safety issues
(1)  A certifying authority is required to give written notice to the council in accordance with this clause if—
(a)  an application has been made to the certifying authority for a complying development certificate affecting an existing building, and
(b)  the building is a class 1b, 2, 3, 4, 5, 6, 7, 8 or 9 building, and
(c)  at any time between the application being received and the issue of the complying development certificate, the certifying authority becomes aware (when carrying out an inspection or otherwise) of a significant fire safety issue with any part of the building.
(2)  The notice—
(a)  must describe the fire safety issue and the parts of the building affected by the issue, and
(b)  must be made within 2 days after the certifying authority becomes aware of the fire safety issue.
(3)  However, the certifying authority is not required to give notice if the fire safety issue is being addressed—
(a)  by the proposed development, or
(b)  by a fire safety order, or
(c)  by some other development consent (including a complying development certificate) that affects the building.
(4)  To avoid doubt, this clause extends to a council that is a certifying authority.