New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 92

92 Additional matters that consent authority must consider

(cf clause 66 of EP[#38]A Regulation 1994)

(1) For the purposes of section 4.15(1)(a)(iv) of the Act, the following matters are prescribed as matters to be taken into consideration by a consent authority in determining a development application--

(b) in the case of a development application for the demolition of a building, the provisions of AS 2601 ,

(c) in the case of a development application for the carrying out of development on land that is subject to a subdivision order made under Schedule 7 to the Act, the provisions of that order and of any development plan prepared for the land by a relevant authority under that Schedule,

(d) in the case of the following development, the Dark Sky Planning Guideline --

(i) any development on land within the local government area of Coonamble, City of Dubbo, Gilgandra or Warrumbungle Shire,

(ii) development of a class or description included in Schedule 4A to the Act, State significant development or designated development on land less than 200 kilometres from the Siding Spring Observatory,

(e) in the case of a development application for development for the purposes of a manor house or multi dwelling housing (terraces), the Low Rise Housing Diversity Design Guide for Development Applications published by the Department in July 2020, but only if the consent authority is satisfied that there is not a development control plan that adequately addresses such development.

Note : A copy of the Guide is available on the website of the Department.

(f) in the case of a development application for development for the erection of a building for residential purposes on land in Penrith City Centre, the Development Assessment Guideline: An Adaptive Response to Flood Risk Management for Residential Development in the Penrith City Centre published by the Department of Planning and Environment on 28 June 2019.

Note : A copy of the Guideline is available on the website of the Department.

(2) In this clause--

"AS 2601" means the document entitled Australian Standard AS 2601--1991: The Demolition of Structures , published by Standards Australia, and as in force at 1 July 1993.

"Penrith City Centre" means the City Centre as defined in Penrith Local Environmental Plan 2010 .