NSWIn ForceRegulation
Environmental Planning and Assessment Regulation 2021
35DEnergy and water use for large commercial development under Sustainable Buildings SEPP
Start here
Get a plain-English read of 35D
Turn the raw legal text into a practical explanation grounded in Environmental Planning and Assessment Regulation 2021.
#### 35D Energy and water use for large commercial development under Sustainable Buildings SEPP
35D Energy and water use for large commercial development under Sustainable Buildings SEPP
> > (1) This section applies to a development application for large commercial development.
>
> > (2) The development application must be accompanied by a copy of a NABERS commitment agreement that demonstrates the development is capable of achieving the standards for energy and water use specified in [State Environmental Planning Policy (Sustainable Buildings) 2022](/view/html/inforce/current/epi-2022-0521), Schedule 3.
>
> > (3) The development application must identify the method under Section J of the Building Code of Australia that will be used to demonstrate the development is capable of achieving the standards for energy use specified in [State Environmental Planning Policy (Sustainable Buildings) 2022](/view/html/inforce/current/epi-2022-0521), Schedule 3.
>
> > (4) Subsection (2), to the extent it relates to energy use, and subsection (3) do not apply to large commercial development on land to which the following local environmental plans apply—
> >
> > > (a) [Sydney Local Environmental Plan 2012](/view/html/inforce/current/epi-2012-0628),
> >
> > > (b) [Sydney Local Environmental Plan (Green Square Town Centre) 2013](/view/html/inforce/current/epi-2013-0541),
> >
> > > (c) [Sydney Local Environmental Plan (Green Square Town Centre—Stage 2) 2013](/view/html/inforce/current/epi-2013-0525).
>
> > (5) Despite subsection (4), subsections (2) and (3) apply to large commercial development to the extent that the development relates to prescribed serviced apartments.
>
> **s 35D:** Ins 2022 (520), Sch 2\[3\] (am 2023 (531), Sch 1\[11\] \[12\]).