35BAdditional requirements for development applications involving contravention of development standards

35B Additional requirements for development applications involving contravention of development standards

35B Additional requirements for development applications involving contravention of development standards

(1) This section applies to a development application that proposes, in accordance with a relevant EPI provision, development that contravenes a development standard imposed by any environmental planning instrument.

(2) The development application must be accompanied by a document that sets out the grounds on which the applicant seeks to demonstrate that—

(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and

(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.

(3) In this section—

relevant EPI provision means—

(a) clause 4.6 of a local environmental plan that adopts the provisions of the Standard Instrument, or

(b) an equivalent provision of another environmental planning instrument.

s 35B: Ins 2023 (513), Sch 1[1].

s 35B: Ins 2022 (520), Sch 2[3] (am 2023 (531), Sch 1[8]). Renumbered as sec 35BA, 2023 (662), Sch 1[5].