90ANotice to Planning Secretary about development involving contravention of development standards—the Act, ss 2.20(3)(c) and 10.13(1)(b)

#### 90A Notice to Planning Secretary about development involving contravention of development standards—the Act, ss 2.20(3)(c) and 10.13(1)(b) 90A Notice to Planning Secretary about development involving contravention of development standards—the Act, ss 2.20(3)(c) and 10.13(1)(b) > > (1) This section applies to a development application that— > > > > > (a) proposes, in accordance with a relevant EPI provision, development that contravenes a development standard imposed by any environmental planning instrument, and > > > > > (b) is determined by a council, local planning panel or Sydney district or regional planning panel. > > > (2) As soon as practicable after the development application is determined, the council of the area in which the development is proposed to be carried out must notify the Planning Secretary of the council’s or panel’s reasons for approving or refusing the contravention of the development standard. > > > (3) The notice must be given to the Planning Secretary through the NSW planning portal. > > > (4) To avoid doubt, this section applies whether or not development consent is granted. > > > (5) In this section— > > > > relevant EPI provision has the same meaning as in section 35B. > > **s 90A:** Ins 2023 (513), Sch 1\[2\].