Environmental Planning and Assessment Amendment (Notification of Neighbours) Regulation 2015 (NSW)

New South Wales

Environmental Planning and Assessment

Amendment (Notification of Neighbours)

Regulation 2015

under the

Environmental Planning and Assessment Act 1979

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Environmental Planning and Assessment Act 1979.

ROBERT STOKES, MP

Minister for Planning

Explanatory note
The objects of this Regulation are:

(a)	to provide that the current requirement that certifying authorities must give occupiers of neighbouring land 14 days’ written notice of an application for a complying development certificate before a certificate is issued applies only to land in certain urban local government areas, and
(b)	to provide that the current requirement that persons with the benefit of a complying development certificate give at least 7 days’ written notice to occupiers of land within 20 metres of the boundary of land that is the subject of the complying development certificate of the person’s intention to commence work applies only to land in certain urban local government areas (that is not in a residential release area), and
(c)	to provide that persons with the benefit of a complying development certificate applying to land in other local government areas give at least 2 days’ written notice to occupiers of land within 20 metres of the boundary of the land that is the subject of the complying development certificate of the person’s intention to commence work.

This Regulation is made under the Environmental Planning and Assessment Act 1979, including sections 84A (3) (Carrying out of complying development), 85 (What is a “complying development certificate”?) and 157 (the general regulation-making power).

Environmental Planning and Assessment Amendment

(Notification of Neighbours) Regulation 2015

under the

Environmental Planning and Assessment Act 1979

1      Name of Regulation

This Regulation is the Environmental Planning and Assessment Amendment
(Notification of Neighbours) Regulation 2015.

2      Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Schedule 1 Amendment of Environmental Planning and
Assessment Regulation 2000

[1]      Clause 130AB Requirement to advise of applications for certain complying development certificates

Insert “on land in an applicable local government area” after “following development” in clause 130AB (1).

[2]      Clause 130AB (4)

Insert in alphabetical order:

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.

[3]      Clause 136AB Notice to neighbours

Insert “that is in a category 1 local government area and” after “land” in clause 136AB (1).

[4]      Clause 136AB (2)

Insert “category 2 local government area or a” after “land that is in a”.

[5]      Clause 136AB (3)

Insert in alphabetical order:

category 1 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.
category 2 local government area means any local government area that is not
a category 1 local government area.