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State Environmental Planning Policy (Housing) 2021
141Issue of site compatibility certificate
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#### 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
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> > > (b) refuse to issue a site compatibility certificate.
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> > (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.
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> > (3) In determining whether the proposed development is suitable for the site, the Planning Secretary must consider the following—
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> > > (a) comments received, within 14 days of the request being made, from a body the Planning Secretary was required to consult under section 140,
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> > > (b) regional strategic plans for the region the land is in,
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> > > (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,
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> > > (d) the services and infrastructure that are or will be available to meet the demands arising from the development,
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> > > (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,
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> > > (f) whether there are unacceptable environmental hazards or risks on the land the application relates to or surrounding land,
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> > > (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.
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> > (4) If the site compatibility certificate is issued, the applicant must notify persons who own or occupy adjoining land.
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> > (5) A site compatibility certificate may specify development standards and other requirements that apply to the development.
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> > (6) A site compatibility certificate is valid for—
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> > > (a) the period specified in the certificate, or
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> > > (b) if no period is specified—5 years.
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> > (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.
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> > (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.
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> **s 141:** Ins 2022 (833), Sch 2\[1\]. Am 2023 (664), Sch 1\[64\].