New South Wales Consolidated Regulations
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STATE ENVIRONMENTAL PLANNING POLICY (AFFORDABLE RENTAL HOUSING) 2009 - REG 37
Site compatibility certificates
37 Site compatibility certificates
(1) An application for a site compatibility certificate under this Division
may be made to the Director-General-- (a) by the owner of the land on which
the development is proposed to be carried out, or
(b) by any other person
with the consent of the owner of that land.
(2) An application under this
clause-- (a) must be in writing in a form approved by the Director-General,
and
(b) must be accompanied by such documents and information as the
Director-General may require, and
(c) must be accompanied by such fee, if
any, as is prescribed by the regulations.
(3) The Director-General may
request further documents and information to be furnished in connection with
an application under this clause.
(4) Within 7 days after the application is
made, the Director-General must provide a copy of the application to the
council for the area in which the development concerned is proposed to be
carried out, unless the Director-General refuses, before those 7 days have
elapsed, to issue a certificate.
(5) The Director-General may determine the
application by issuing a certificate or refusing to do so.
(6) The
Director-General must not issue a certificate unless the Director-General--
(a) has taken into account any comments received from the council within 14
days after the application for the certificate was made, and
(b) is of the
opinion that the development concerned is compatible with the surrounding land
uses having regard to the following matters-- (i) the existing uses and
approved uses of land in the vicinity of the development,
(ii) the impact
that the development (including its bulk and scale) is likely to have on the
existing uses, approved uses and uses that, in the opinion of the
Director-General, are likely to be the preferred future uses of that land,
(iii) the services and infrastructure that are or will be available to meet
the demands arising from the development, and
(c) is of the opinion that the
development concerned is not likely to have an adverse effect on the
environment and does not cause any unacceptable environmental risks to the
land.
(7) A certificate may certify that the development to which it relates
is compatible with the surrounding land uses only if it satisfies certain
requirements specified in the certificate.
(8) A certificate continues to
apply to the land in respect of which it was issued despite any change in the
ownership of that land.
(9) A certificate is valid for 5 years or such other
period specified in the certificate.
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