134Notice to neighbours and councils

134 Notice to neighbours and councils

134 Notice to neighbours and councils

(1) This section applies to a complying development certificate in relation to development on relevant land that is—

(a) specified under an environmental planning instrument and involves a new dwelling or an addition to an existing dwelling, or

(b) specified in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Part 7, or

(c) specified in State Environmental Planning Policy (Housing) 2021, Chapter 3, Parts 1 or 2.

(2) This section applies only if the development will be carried out on a lot that has a boundary within 20 metres of the boundary of another lot on which a dwelling is located.

(3) A certifier must not issue a complying development certificate until at least 14 days after the certifier has given written notice to—

(a) if the development will be on land in a rural or residential zone—each neighbour on land in a rural or residential zone, and

(b) if the certifier is not the council for the area in which the development will be carried out—the council.

(3A) Despite subsection (3), for development specified in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Part 3BA, a certifier must not issue a complying development certificate until at least 7 days after the certifier has given written notice to—

(a) if the development will be on land in a residential zone—each neighbour on land in a residential zone, and

(b) if the certifier is not the council for the area in which the development will be carried out—the council.

(4) The notice must contain the following—

(a) the name, address and telephone number of the certifier,

(b) a statement that the certifier has received an application for a complying development certificate and will determine the application in accordance with the Act,

(c) the name, address and telephone number of the applicant for the complying development certificate,