1. DEVELOPMENT

To determine if works are considered 'development' – (Section 1.5 Meaning of “development”)

(1) For the purposes of this Act, development is any of the following:

(a)  the use of land, and

(b)  the subdivision of land, and

(c)  the erection of a building, and

(d)  the carrying out of a work, and

(e)  the demolition of a building or work, and

(f)  any other act, matter or thing that may be controlled by an environmental planning instrument,

(2) however, development does not include any act, matter or thing excluded by the regulations.

Note that the following to the end of the document is under (Part 4)

DEVELOPMENT THAT NEEDS CONSENT

APPLICATION

• Provisions under (4.12)

• Information to be included - (Part 1, Schedule 1 – EPA Regs)

PROCEDURES & EFFECTS OF DEVELOPMENT THAT NEEDS CONSENT

• Application (4.12)

• Consultation and concurrence (4.13)

• Consultation and concurrence (bushfire prone land) (4.14)

• Evaluation (4.15)

• Determination (4.16)

• Imposition of conditions (4.17)

• Post determination notification (4.18)

• Date from which development consent has effect (4.20)

TYPES OF DEVELOPMENT THAT NEED CONSENT

DESIGNATED DEVELOPMENT

• Determined by (Schedule 3 – EPA Regs)

• Requires an EIS – (Schedule 2 – EPA Regs)

• Public Participation (Section 79, EPA Act - Part 6, Division 5 EPA Regs)

• Designated development does not include State Significant Development (4.10)

INTEGRATED DEVELOPMENT

• Provisions under (Division 4.8)

• Does not apply to Crown development unless requiring heritage approval

• (4.46) lists approval criteria that is considered integrated

• Subject to either designated or advertised development notification rules (Schedule 1 of the Act)

• Granting and modification of approval under (4.50)

• (4.51) determine that if an approval body is also required to be consulted for concurrence then the granting of approval is also taken be a grant of concurrence.

• Same rights of appeal as “normal” development that needs consent (4.52)

CONCEPT DEVELOPMENT APPLICATIONS

• Special provisions relating to this kind of development under (Div 4.4 of the EPA Act)

CROWN DEVELOPMENT

• (Division 4.6 EPA Act)

• (Section 6.9) Buildings erected on behalf of the Crown are exempt from the requirement to obtain an occupation certificate.

STATE SIGNIFICANT DEVELOPMENT

• (Division 4.7 of the EPA Act)

• SSD to be determined under (State and Regional Development SEPP 2011)

• Usually the trigger value is $30 million

• Minister is consent authority, exceptions for concept development applications apply where local council can be declared the consent authority (Section 4.37 EPA Act)

• State Significant Development is exempt from certain authorisations (Section 4.41)

• Certain authorisations must be applied consistently (Section 4.42)

PROVISIONS RELATING TO POST-CONSENT

PERIOD OF CONSENT (Section 4.53 of EPA Act)

• Consents lapse 5 years after date of operation

• A consent authority may reduce the 5 year period

  • Reduction does not apply to development consent to erect or demolish a building or to subdivide land to lapse within 2 years after the date from which the consent operates.

  • If consent authority reduces the 5 year period then an applicant may apply to the consent authority for a 1 year extension

  • If extension is granted by consent authority then it carries on from the date that the consent lapsed or if determined on appeal by the Court then from the date of appeal determination by the Court

• If work is initiated on site within the 5 years of consent then development consent does not lapse

MODIFICATIONS OF CONSENT

Consents may be modified on the following grounds:

• (Section 4.55 (1) Involving minor error, misdescription or miscalculation

• (Section 4.55 (1A) Modifications involving minimal environmental impact

• (Section 4.55 (2) Other modifications: (i.e. development that is modified for other reasons)

  • If 'substantially' the same development

  • Authority has performed the required consulations (i.e. concurrence or approvals if integrated)

  • Notified the modified applications as required by either the regs or DCP

  • Has considered submission made concerning the proposed modification

  • If modification falls under this category then Section 4.55 (1) & (1A) do not apply to the modification.

• (Section 4.55 (8) EPA Act) Allow a Court to grant a modification but determine that the legislative functions that follow are to be exercised by the consent authority.

• Consents granted by the Court can be modified by consent authorities on application and are subject to provisions under (Section 4.56 EPA Act)

COMMENCEMENT OF DEVELOPMENT (Section 6.6 of EPA Act)

• Erection of buildings cannot take place until:

• A CC has been issued

• The applicant of the development consent has:

• Appointed a PCA, and notified them if they are an owner-builder, and

• if they are not an owner-builder:

  • Appointed a licenced principal contractor, and

  • Notified the PCA of the appointment, and

  • Notified the principal contractor of the required critical stage inspections (CSIs)

• At the latest, 2 days before commencement, provided notice to council and the PCA (if not the council) of intention to commence work

• At the latest, 2 days before the commencement, the PCA has

  • Notified the consent authority (and council, if council is not the consent authority) of their appointment, and

  • Notified the applicant of required CSIs

• Crown development is exempt from the commencement requirements for building work under (S 6.6 (5) )

APPEALS

(SECTION 97 – 99 EPA Act)

APPEALS BY APPLICANT – DETERMINATIONS (Division 8.3)

• Allows an applicant who is dissatisfied with a determination to appeal to the Court.

• Allows appeals relating to the imposed conditions of a development consent

APPEALS BY AN OBJECTOR (Section 8.8)

• Allows objectors to appeal the determination of designated development

• Extends to SSD if it “was” considered designated development

APPEALS RELATING TO SECURITY OF CONDITIONS (Section 8.21 of EPA Act)

This section allows appeals to be made by applicants that are dissatisfied with matters involving conditions that involve security

An applicant may appeal to the Court if:

• Dissatisfied with the imposition (or provision) of a security condition (Section 98A (1) (a))

• Failure by consent authority to release a security (S 98A (1) (b))

• Failure of a Council to release a security in relation to a CDC (S 98A (1) (c))

Appeals can be made:

• 12 months after notice of decision for (1)(a)

• For (1)(b) or (1)(c) either within 6 months of the work to which the security relates has been completed, or

• If provided in respect to contingencies that may arise after or on the completion of work, then no earlier than 6 months and no later than 12 months after the completion of the work.

MISCELLANEOUS PROVISIONS

VALIDITY OF DEVELOPMENT CONSENTS AND CDCs (Under S101 EPA Act, note that this section applies also to 'complying' development)

(Section 101 EPA Act) Dictates that if public notice of the granting of a DA or CDC is given in accordance with the Regs by a consent authority or accredited certifier the validity of the consent or certificate cannot be questioned other than those commenced in the Court by any person before 3 months from the date on which public notice was given.

DEVELOPMENT CONSENT BY MINISTER

(Section 102 EPA Act) Basically says that development consent which has be granted by the Minister has only one validity requirement, that it has to be publicly exibihited for the minimum period of time in relation to its requirements (i.e. the type of development that requires consent) (? Relates to SSD, designated development or advertised development?)

REVOCATIONS, REGRANTS & APPEALS AFTER ORDER OF COURT

(Section 103 EPA Act) Applies to the granting of a development consent by a consent authority to which a suspension applies under (Section 25B of Land & Environment Court Act), which allows:

• A consent authority to revoke a development consent whether or not the terms imposed by the Court under (Section 25B of Land & Environment Court Act) have been complied with.

• Allows the consent authority to revoke a development consent and grant a development consent if the terms imposed by the Court have been complied with. This is known as a regrant.

(Section 104 EPA Act) Provisions that a development consent declared valid by the Court (under Section 25C of Land & Environment Court Act) is final and cannot be appealed and operates from the date the original development consent took effect or unless ordered by the Court. This also applies to development consents declared to be regranted under (Section 25C of the Land & Environment Court Act).

VOLUNTARY SURRENDER OF CONSENT

(Section 104A) Has provisions to allow development consents to be voluntarily surrendered.