39Site compatibility certificates

#### 39 Site compatibility certificates 39 Site compatibility certificates > > (1) An application for a site compatibility certificate under this Division may be made to the Planning Secretary— > > > > > (a) by the owner of the land on which the development is proposed to be carried out, or > > > > > (b) by another person with the consent of the owner of the land. > > > (2) An application— > > > > > (a) must be in a written form approved by the Planning Secretary, and > > > > > (b) must be accompanied by the documents and information required by the Planning Secretary, and > > > > > (c) must be accompanied by the fee, if any, prescribed by the regulations. > > > (3) The Planning Secretary may request further documents and information to be furnished in connection with an application. > > > (4) Within 7 days after the application is made, the Planning Secretary must provide a copy of the application to the council for the area in which the development is proposed to be carried out, unless the Planning Secretary refuses, before the 7 days have elapsed, to issue a certificate. > > > (5) The Planning Secretary may determine the application by issuing a certificate or refusing to do so. > > > (6) The Planning Secretary must not issue a certificate unless the Planning Secretary— > > > > > (a) has taken into account comments, if any, received from the council within 14 days after the application for the certificate was made, and > > > > > (b) is of the opinion that the residential flat building is compatible with the surrounding land uses considering the following matters— > > > > > > > (i) the existing uses and approved uses of land in the area, > > > > > > > (ii) the impact that the residential flat building, including its bulk and scale, is likely to have on the existing uses, approved uses and uses that, in the opinion of the Planning Secretary, are likely to be the preferred future uses of the land, > > > > > > > (iii) the services and infrastructure that are or will be available to meet the demands arising from the development, and > > > > > (c) is of the opinion that the development is not likely to have an adverse effect on the environment and will not cause unacceptable environmental risks to the land. > > > (7) A certificate may certify that development is compatible with the surrounding land uses only if it satisfies certain requirements specified in the certificate. > > > (8) A certificate continues to apply to the land in relation to which it was issued despite a change in the ownership of the land. > > > (9) A certificate is valid for— > > > > > (a) 5 years, or > > > > > (b) otherwise—the period specified in the certificate. > > > (10) If a certificate is valid at the time a development application is made, the certificate remains valid for the purposes of the development application until the development application is finally determined. > > **s 39:** Am 2022 (99), Sch 1\[4\].