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Environmental Planning and Assessment Regulation 2000
Current version for 15 May 2020 to date (accessed 26 May 2020 at 23:14)
130AB Requirement to advise of applications for certain complying development certificates
(1) This clause applies to a complying development certificate in relation to any of the following development on land in an applicable local government area, other than on land within a residential release area, if the development is to be carried out on a lot that has a boundary within 20 metres of the boundary of another lot on which a dwelling is located—(a) development specified under any environmental planning instrument that involves any of the following—(i) a new dwelling,(ii) an addition to an existing dwelling,(b) development specified in Part 7 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Demolition Code),(c) development specified in Division 2 or 7 of Part 2 of State Environmental Planning Policy (Affordable Rental Housing) 2009.(2) A certifier for an application for a complying development certificate to which this clause applies must not determine the application by issuing a complying development certificate until at least 14 days after the certifier has given a notice that complies with this clause to—(a) if the development will be on land in a rural or residential zone—the occupier of each dwelling referred to in subclause (1) that is on land in a rural or residential zone, and(b) if the certifier is not the council for the area in which the development is to be carried out—the council.(3) The notice must be in writing and must include the following—(a) the name and contact details of the certifier,(b) a statement that the certifier has received an application for a complying development certificate and will determine the application in accordance with the Environmental Planning and Assessment Act 1979,(c) the name, address and contact details of the applicant for the complying development certificate,(d) the address of the land on which the development is to be carried out,(e) a description of the development to which the application relates,(f) the date on which the application was received by the certifier,(g) a statement that, once the application is determined, the council is required to make a copy of the determination available for inspection.(4) In this clause—applicable local government area means any of the local government areas of Ashfield, City of Auburn, City of Bankstown, City of Blacktown, City of Blue Mountains, City of Botany Bay, Burwood, Camden, City of Campbelltown, Canada Bay, City of Canterbury, City of Fairfield, City of Hawkesbury, City of Holroyd, Hornsby, Hunter’s Hill, City of Hurstville, City of Kogarah, Ku-ring-gai, Lane Cove, Leichhardt, City of Liverpool, Manly, Marrickville, Mosman, North Sydney, City of Parramatta, City of Penrith, Pittwater, City of Randwick, City of Rockdale, City of Ryde, Strathfield, Sutherland Shire, City of Sydney, The Hills Shire, Warringah, Waverley, City of Willoughby, Wingecarribee, Wollondilly or Woollahra.residential release area means any land within—(a) an urban release area identified within a local environmental plan that adopts the applicable mandatory provisions of the Standard Instrument, or(b) a land release area identified under the Eurobodalla Local Environmental Plan 2012, or(c) any land subject to State Environmental Planning Policy (Sydney Region Growth Centres) 2006, or(d) any area included in Parts 6, 26, 27, 28 and 29 of Schedule 3 to State Environmental Planning Policy (Major Development) 2005.