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Environmental Planning and Assessment Regulation 2021
128Traffic generating complying development
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#### 128 Traffic generating complying development
128 Traffic generating complying development
> > (1) This section applies to an application for a complying development certificate for the following development—
> >
> > > (a) development for a purpose specified in [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), section 3.40(1), other than section 3.40(1)(a)(viia), that will result in a school being able to accommodate at least 50 additional students,
> >
> > > (a1) development for a purpose specified in the following provisions of [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732)—
> > >
> > > > (i) section 3.40(1)(a)(viia) if the relevant preschool will provide preschool care for 50 or more children,
> > >
> > > > (ii) section 3.40(2A),
> >
> > > (b) development under [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), Part 5A for the following purposes—
> > >
> > > > (i) food and drink premises with a gross floor area of 300m2 or more,
> > >
> > > > (ii) shops or wholesale supplies with a gross floor area of 500m2 or more,
> > >
> > > > (iii) commercial premises with a gross floor area of 2,500m2 or more,
> > >
> > > > (iv) industries with a gross floor area of 5,000m2 or more,
> > >
> > > > (v) depots or warehouses or distribution centres with a gross floor area of 8,000m2 or more,
> > >
> > > > (vi) the construction, installation or alteration of a drive through facility as referred to in Division 1, Subdivision 11A of that Part,
> > >
> > > > (vii) car parks of 50 car parking spaces or more,
> > >
> > > > (viii) development for the purposes of waste or resource transfer stations carried out by or on behalf of a public authority,
> >
> > > (c) development under [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), Part 5A for the following purposes, if the development involves 50 or more vehicles per hour—
> > >
> > > > (i) community facilities,
> > >
> > > > (ii) health consulting rooms,
> > >
> > > > (iii) information and education facilities,
> > >
> > > > (iv) medical centres,
> > >
> > > > (v) storage premises,
> > >
> > > > (vi) vehicle repair stations,
> > >
> > > > (vii) veterinary hospitals.
>
> > (2) An application for a complying development certificate must be accompanied by a certificate issued by the relevant roads authority certifying that any impacts on the surrounding road network as a result of the development—
> >
> > > (a) are acceptable, or
> >
> > > (b) will be acceptable if the requirements specified in the certificate issued by the relevant roads authority are met.
>
> > (3) (Repealed)
>
> **s 128:** Am 2022 (40), Sch 1\[27\]–\[29\]; 2022 (702), Sch 1\[8\] \[9\]; 2024 (97), Sch 1\[1\] \[2\].