Environmental Planning and Assessment Regulation 2021
208Determination of proposed cost of development—the Act, s 7.12(5)(a)
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208 Determination of proposed cost of development—the Act, s 7.12(5)(a)
208 Determination of proposed cost of development—the Act, s 7.12(5)(a)
(1) The proposed cost of carrying out development must be determined by the consent authority by adding up all the costs and expenses that have been or will be incurred by the applicant in carrying out the development.
(2) The costs of carrying out development include the costs of, and costs incidental to, the following—
(a) if the development involves the erection of a building or the carrying out of engineering or construction work—
(i) erecting the building or carrying out the work, and
(ii) demolition, excavation and site preparation, decontamination or remediation,
(b) if the development involves a change of use of land—doing anything necessary to enable the use of the land to be changed,
(c) if the development involves the subdivision of land—preparing, executing and registering—
(i) the plan of subdivision, and
(ii) the related covenants, easements or other rights.
(3) In determining the proposed cost, a consent authority may consider an estimate of the proposed cost that is prepared by a person, or a person of a class, approved by the consent authority to provide the estimate.
(4) The following costs and expenses must not be included in an estimate or determination of the proposed cost—
(a) the cost of the land on which the development will be carried out,
(b) the costs of repairs to a building or works on the land that will be kept in connection with the development,
(c) the costs associated with marketing or financing the development, including interest on loans,
(d) the costs associated with legal work carried out, or to be carried out, in connection with the development,
(e) project management costs associated with the development,
(f) the cost of building insurance for the development,
(g) the costs of fittings and furnishings, including refitting or refurbishing, associated with the development, except if the development involves an enlargement, expansion or intensification of a current use of land,