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.
(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—
(a) the subdivision order, and
(b) any development plan prepared for the land by a relevant authority under that Schedule.
(3) In determining a development application for development on the following land, the consent authority must consider the Dark Sky Planning Guideline—
(a) land in the local government area of Coonamble, Gilgandra, Warrumbungle Shire or Dubbo Regional,
(b) land less than 200 kilometres from the Siding Spring Observatory, if the development is—
(i) State significant development, or
(ii) designated development, or
(iii) development specified in State Environmental Planning Policy (Planning Systems) 2021, Schedule 6.
(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.
(5) Subsection (4) applies only if the consent authority is satisfied there is not a development control plan that adequately addresses the development.
(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, 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.