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Environmental Planning and Assessment Regulation 2021
242Council to keep certain documents relating to development applications and consents
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#### 242 Council to keep certain documents relating to development applications and consents
242 Council to keep certain documents relating to development applications and consents
> > (1) This section applies to—
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> > > (a) a development application that is made to the council as the consent authority, and
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> > > (b) a development consent granted by the council as the consent authority, and
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> > > (c) other development applications, development consents and documents that are provided to the council under this Regulation, when the council is not the consent authority or the certifier.
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> > (2) A council must keep the following documents, or a copy of the documents, for each development application and each development consent—
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> > > (a) the development application,
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> > > (b) the post-determination notice given to the applicant under the Act, section 4.18,
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> > > (c) an instrument by which some other development consent or existing use right conferred by the Act, Division 4.11 has been modified or surrendered,
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> > > (d) a decision of the Court in relation to a development consent granted by the Court on appeal from the determination of the council,
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> > > (e) a recommendation made by a relevant employee of the council in relation to the determination of the application,
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> > > (f) if the development consent is revoked, modified or surrendered—the instrument of revocation, modification or surrender,
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> > > (g) the notification of the determination to issue a related construction certificate or subdivision works certificate, including—
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> > > > (i) any construction certificate or subdivision works certificate issued, and
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> > > > (ii) the related plans and specifications and other documents that were given to the council,
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> > > (h) the notice of the grant of the development consent published on the council’s website for the purposes of the Act, section 4.59,
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> > > (i) the notification of the appointment of the principal certifier,
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> > > (j) the notification of the commencement of building work or subdivision work,
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> > > (k) the notification of the determination of an application for a related occupation certificate, including any occupation certificate issued,
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> > > (l) the notification of the determination of an application for a related subdivision certificate, including the endorsed plan of subdivision,
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> > > (m) the notification of the determination of an application for a related compliance certificate, including—
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> > > > (i) any compliance certificate issued, and
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> > > > (ii) the related plans and specifications and other documents that were given to the council,
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> > > (n) a decision of the Court in relation to an occupation certificate, subdivision certificate or construction certificate issued by the Court on appeal from a determination of the council,
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> > > (o) details of approved performance solutions relating to a construction certificate or compliance certificate and details of the assessment methods used to establish compliance with the relevant performance requirements under the Building Code of Australia,
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> > > (p) the record of an inspection made for the purposes of the issue of a construction certificate.
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> > (3) A council must publish the documents required to be kept under this section on its website.