New South Wales Consolidated Regulations

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ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 126

Making application for complying development certificate

126 Making application for complying development certificate

(cf clause 75A of EP[#38]A Regulation 1994)

(1) An application for a complying development certificate must--
(a) be in the form that is approved by the Planning Secretary and made available on the NSW planning portal, and
(b) contain all of the information that is specified in the approved form or required by the Act and this Regulation, and
(c) be accompanied by the documents that are specified in Part 2 of Schedule 1 or required by the Act and this Regulation, and
(d) be lodged on the NSW planning portal.
(2) The applicant must be notified, by means of the NSW planning portal, that the application for a complying development certificate has been lodged.
(2A) If the application is made in relation to development for the purposes of a new building, or the alteration of or addition to an existing building, to which Part 5A of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 applies, the application must also contain information on whether the land on which the development is to be carried out--
(a) is used, or was formerly used, for a purpose listed in Table 1 to clause 3.2.1 of the document entitled Managing Land Contamination Planning Guidelines, SEPP 55--Remediation of Land and published in 1998 by the Department of Urban Affairs and Planning and the Environment Protection Authority, or
(b) is on the list of sites notified under section 60 of the Contaminated Land Management Act 1997 .
(2B) Subclause (2A) does not apply to complying development carried out under the complying development provisions of State Environmental Planning Policy (Three Ports) 2013 in the Lease Area within the meaning of that Policy.
(3) In determining whether an alteration, enlargement or extension of a BASIX affected building is BASIX affected development, the certifier 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 certifier 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).



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