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Environmental Planning and Assessment Regulation 2021
61Additional matters that consent authority must consider
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#### 61 Additional matters that consent authority must consider
61 Additional matters that consent authority must consider
> > (1) In determining a development application for the demolition of a building, the consent authority must consider the Australian Standard AS 2601—2001: The Demolition of Structures.
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> > (2) In determining a development application for the carrying out of development on land that is subject to a subdivision order under the Act, Schedule 7, the consent authority must consider—
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> > > (a) the subdivision order, and
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> > > (b) any development plan prepared for the land by a relevant authority under that Schedule.
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> > (3) In determining a development application for development on the following land, the consent authority must consider the Dark Sky Planning Guideline—
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> > > (a) land in the local government area of Coonamble, Gilgandra, Warrumbungle Shire or Dubbo Regional,
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> > > (b) land less than 200 kilometres from the Siding Spring Observatory, if the development is—
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> > > > (i) State significant development, or
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> > > > (ii) designated development, or
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> > > > (iii) development specified in [State Environmental Planning Policy (Planning Systems) 2021](/view/html/inforce/current/epi-2021-0724), Schedule 6.
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> > (4) In determining a development application for development for the purposes of a manor house or multi dwelling housing (terraces), the consent authority must consider the Low Rise Housing Diversity Design Guide for Development Applications published by the Department in July 2020.
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> > (5) Subsection (4) applies only if the consent authority is satisfied there is not a development control plan that adequately addresses the development.
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> > (6) In determining a development application for development for the erection of a building for residential purposes on land in Penrith City Centre, within the meaning of [Penrith Local Environmental Plan 2010](/view/html/inforce/current/epi-2010-0540), the consent authority must consider the Development Assessment Guideline: An Adaptive Response to Flood Risk Management for Residential Development in the Penrith City Centre published by the Department on 28 June 2019.
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> > (7)–(8) (Repealed)
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> **s 61:** Am 2022 (39), sec 3(1) (2); 2022 (40), Sch 1\[14\]; 2022 (142), Sch 1\[2\]; 2022 (656), sec 3(1) (2); 2022 (702), Sch 1\[6\]; 2023 (67), sec 3(1).