State Environmental Planning Policy (Housing) 2021

The Planning Secretary may—

issue a site compatibility certificate if the Planning Secretary considers the proposed development is suitable for the site, or

refuse to issue a site compatibility certificate.

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.

In determining whether the proposed development is suitable for the site, the Planning Secretary must consider the following—

comments received, within 14 days of the request being made, from a body the Planning Secretary was required to consult under section 140,

regional strategic plans for the region the land is in,

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—

existing and approved land uses, and

land uses that, in the opinion of the Planning Secretary, are likely to be the preferred future uses of the land,

the services and infrastructure that are or will be available to meet the demands arising from the development,

whether the development is likely to have an adverse impact on the environmental values of the land the application relates to or surrounding land,

whether there are unacceptable environmental hazards or risks on the land the application relates to or surrounding land,

the ability to evacuate the land the application relates to during a flood,

if the application relates to bush fire prone land—the requirements of Planning for Bush Fire Protection.

If the site compatibility certificate is issued, the applicant must notify persons who own or occupy adjoining land.

A site compatibility certificate may specify development standards and other requirements that apply to the development.

A site compatibility certificate is valid for—

the period specified in the certificate, or

if no period is specified—5 years.

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.

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.