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](/view/html/inforce/current/epi-2008-0572), Part 7, or > > > > > (c) specified in [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), 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](/view/html/inforce/current/epi-2008-0572), 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, > > > > > (d) the address of the land on which the development will be carried out, > > > > > (e) a description of the development to which the application relates, > > > > > (f) the name of each relevant environmental planning instrument, including the relevant complying development code, > > > > > (g) the site plan of the land, as referred to in section 121, that accompanied the application, > > > > > (h) the day on which the application was received by the certifier, > > > > > (i) a statement that, once the application is determined, the council is required to make a copy of the determination available for inspection. > > > (5) In this section— > > > > applicable local government area means the local government areas of Bayside, City of Blacktown, City of Blue Mountains, Burwood, Camden, City of Campbelltown, Canada Bay, Canterbury-Bankstown, Cumberland, City of Fairfield, Georges River, City of Hawkesbury, Hornsby, Hunter’s Hill, Inner West, Ku-ring-gai, Lane Cove, City of Liverpool, Mosman, North Sydney, Northern Beaches, City of Parramatta, City of Penrith, City of Randwick, City of Ryde, Strathfield, Sutherland Shire, City of Sydney, The Hills Shire, Waverley, City of Willoughby, Wingecarribee, Wollondilly or Woollahra. > > > > neighbour means the occupier of a dwelling located on a lot that has a boundary within 20 metres of the boundary of the lot on which the work will be carried out. > > > > relevant land means land in an applicable local government area that is not in— > > > > > (a) an urban release area identified in a local environmental plan that adopts the applicable mandatory provisions of the Standard Instrument, or > > > > > (b) a growth centre under [State Environmental Planning Policy (Precincts—Central River City) 2021](/view/html/inforce/current/epi-2021-0725), Chapter 3 or [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Chapter 3, or > > > > > (c) an area to which [State Environmental Planning Policy (Precincts—Regional) 2021](/view/html/inforce/current/epi-2021-0727), Appendix 1, 4 or 5 applies. > > **s 134:** Am 2022 (40), Sch 1\[33\] \[34\]; 2025 (354), Sch 1\[4\].