New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 160B

160B Deemed refusal period for application for subdivision certificate

(1) For the purposes of section 8.17(1) of the Act, a council is taken to have made a decision to refuse to issue a subdivision certificate in relation to a subdivision if, following an application for the certificate, the council fails to issue the certificate within--

(a) for an application for a subdivision certificate in relation to a subdivision that is State significant development or designated development, the longer of the following--

(i) 14 days after the day on which the application was made,

(ii) 14 days after the day on which the appeal period for the associated development consent for the application ends,

(iii) if an appeal against the granting of the associated development consent for the application is made--14 days after the day on which the appeal is determined, or

(b) otherwise--

(i) if the subdivision to which the application relates requires development consent--14 days after the day on which the application was made, or

(ii) otherwise--7 days after the day on which the application was made.

(2) In this clause--

"appeal period" , for an associated development consent, means the period within which an appeal against the granting of the associated development consent may be made under section 8.8 of the Act.

"associated development consent" , for an application for a subdivision certificate, means the development consent for the subdivision to which the application relates.