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](/view/html/inforce/current/epi-2021-0732), Schedule 8— > > > > > (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)(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](/view/html/inforce/current/epi-2021-0732), 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](/view/html/inforce/current/epi-2021-0732), Chapter 3 unless— > > > > > (a) the relevant roads authority has given its written consent, if required by the [Roads Act 1993](/view/html/inforce/current/act-1993-033)— > > > > > > > (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](/view/html/inforce/current/act-2017-037). > > **s 138:** Am 2022 (40), Sch 1\[35\]–\[37\]; 2022 (333), sec 3(2) (3).