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Environmental Planning and Assessment Regulation 2021
130Other documents to accompany complying development certificate application
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#### 130 Other documents to accompany complying development certificate application
130 Other documents to accompany complying development certificate application
> > (1) An application for a complying development certificate for development involving the erection of a wall to a boundary that has a wall less than 0.9m from the boundary must be accompanied by a report by a professional engineer that outlines the proposed method of supporting the adjoining wall.
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> > (2) An application for a complying development certificate for development involving the demolition or removal of a wall to a boundary that has a wall less than 0.9m from the boundary must be accompanied by a report by a professional engineer that outlines the proposed method of maintaining support for the adjoining wall after the demolition or removal.
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> > (3) An application for a complying development certificate for development involving the erection of a temporary structure must be accompanied by the following—
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> > > (a) a document that specifies the live and dead loads the temporary structure is designed to meet,
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> > > (b) a list of the fire safety measures to be provided in relation to the use of the temporary structure,
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> > > (c) for a temporary structure that will be used as an entertainment venue where the building work involves a performance solution for a requirement set out in the Building Code of Australia, Volume 1, Part B1 or NSW Part I5—a report about the performance solution prepared in accordance with the requirements set out in the Building Code of Australia, A2G2(4),
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> > > (d) a document that describes any building product or system accredited under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689) for the purposes of the Act, section 4.28(4),
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> > > (e) copies of compliance certificates to be relied on.
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> > (4) An application for a complying development certificate for development involving the following uses of a building must be accompanied by a statement specifying the maximum number of persons proposed to occupy, at any one time, the part of the building to which the use applies—
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> > > (a) an entertainment venue,
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> > > (b) a function centre,
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> > > (c) a pub,
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> > > (d) a registered club,
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> > > (e) a restaurant or cafe.
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> > (5) An application for a complying development certificate for development required, by a development standard, to be set back from a registered easement must be accompanied by—
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> > > (a) a copy of the official search under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), Part 11A for the lot on which the development will be carried out, and
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> > > (b) if the land is subject to a registered easement—a title diagram for the lot and each adjoining lot that benefits from the easement.
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> > (6) An application for a complying development certificate for development involving the erection or alteration of the following must be accompanied by a design statement—
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> > > (a) a dual occupancy,
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> > > (b) a manor house,
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> > > (c) multi dwelling housing (terraces).
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> > (6A) Subsection (6) does not apply to an application for a complying development certificate for development under [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), Part 3BA.
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> > (7) In this section—
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> > accredited designer means—
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> > > (a) a qualified designer, or
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> > > (b) a person accredited as a building designer by the Building Designers Association of Australia.
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> > design statement means a statement by an accredited designer that—
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> > > (a) verifies that the designer designed, or directed the design of, the development, and
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> > > (b) explains how the design is consistent with the relevant design criteria set out in the Low Rise Housing Diversity Design Guide for Development Applications published by the Department in July 2020.
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> > professional engineer has the same meaning as in the Building Code of Australia.
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> **s 130:** Am 2023 (71), Sch 1.3\[3\] \[4\]; 2025 (354), Sch 1\[1\].