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\[5\].