141Issue of site compatibility certificate

#### 141 Issue of site compatibility certificate 141 Issue of site compatibility certificate > > (1) The Planning Secretary may— > > > > > (a) issue a site compatibility certificate if the Planning Secretary considers the proposed development is suitable for the site, or > > > > > (b) refuse to issue a site compatibility certificate. > > > (2) The Planning Secretary may refuse to issue a site compatibility certificate if the Planning Secretary considers development consent for development on the land should be sought using a standard development application. > > > (3) In determining whether the proposed development is suitable for the site, the Planning Secretary must consider the following— > > > > > (a) comments received, within 14 days of the request being made, from a body the Planning Secretary was required to consult under section 140, > > > > > (b) regional strategic plans for the region the land is in, > > > > > (c) the suitability of the development having regard to, and the impact on, the use of the land the application relates to and surrounding land uses, including— > > > > > > > (i) existing and approved land uses, and > > > > > > > (ii) land uses that, in the opinion of the Planning Secretary, are likely to be the preferred future uses of the land, > > > > > (d) the services and infrastructure that are or will be available to meet the demands arising from the development, > > > > > (e) whether the development is likely to have an adverse impact on the environmental values of the land the application relates to or surrounding land, > > > > > (f) whether there are unacceptable environmental hazards or risks on the land the application relates to or surrounding land, > > > > > (g) the ability to evacuate the land the application relates to during a flood, > > > > > (h) if the application relates to bush fire prone land—the requirements of Planning for Bush Fire Protection. > > > (4) If the site compatibility certificate is issued, the applicant must notify persons who own or occupy adjoining land. > > > (5) A site compatibility certificate may specify development standards and other requirements that apply to the development. > > > (6) A site compatibility certificate is valid for— > > > > > (a) the period specified in the certificate, or > > > > > (b) if no period is specified—5 years. > > > (7) A development application submitted, but not finally determined, during the period the site compatibility certificate is valid must be determined as if the certificate is still valid. > > > (8) A site compatibility certificate continues to apply to the land to which it relates for the period the certificate is valid despite a change in ownership of the land. > > **s 141:** Ins 2022 (833), Sch 2\[1\]. Am 2023 (664), Sch 1\[64\].