138Complying development under Transport and Infrastructure SEPP, Chapter 3

138 Complying development under Transport and Infrastructure SEPP, Chapter 3

138 Complying development under Transport and Infrastructure SEPP, Chapter 3

(1) A certifier must not issue a complying development certificate for the following development unless the certifier has been given a written statement by a qualified designer verifying that the development applies the design quality principles set out in State Environmental Planning Policy (Transport and Infrastructure) 2021, Schedule 8—

(a) development for a purpose specified in State Environmental Planning Policy (Transport and Infrastructure) 2021, section 3.40(1)(a) or 3.41(2)(e) that involves the construction of a new building with a building height of more than 12 metres,

(b) development for a purpose specified in State Environmental Planning Policy (Transport and Infrastructure) 2021, section 3.40(1)(a) or 3.41(2)(e) that involves an alteration to an existing building that will result in a building height of more than 12 metres.

(2) A certifier must not issue a complying development certificate for development that is identified as complying development under State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 3 unless—

(a) the relevant roads authority has given its written consent, if required by the Roads Act 1993—

(i) for each opening of a public road required by the development, and

(ii) to operate or store machinery, materials or waste required by the development on a road or footpath reserve, and

(b) if the development involves the erection or alteration of improvements on land in a mine subsidence district—the Chief Executive of Subsidence Advisory NSW has given written approval of the development.

(3) In this section—

mine subsidence district has the same meaning as in the Coal Mine Subsidence Compensation Act 2017.

s 138: Am 2022 (40), Sch 1[35]–[37]; 2022 (333), sec 3(2) (3).