Part I - Other Considerations - Richmond Valley Council

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Richmond Valley Development Control Plan 2012Additional advertising fees may be levied on an application for each additionalpublished notice required.I15.4 Written Notification Procedures(1) Who will be given written notificationWritten notification shall be given to adjoining land owners.Clause 88(2)(c) of the Regulation provides that if land is owned or occupiedby more than one person, a written notice to one owner or one occupier istaken to be a written notice to all the owners and occupiers of that land.(2) Additional notification to affected personsIn many instances development proposals may have the potential to impactupon properties beyond those of adjoining lands. In determining whetheradditional affected persons should be notified, Council needs to examine thesubmitted plans and consider on merits such issues as:‣ the views to, and the view from, surrounding land.‣ potential overshadowing of surrounding land.‣ privacy of surrounding land.‣ potential noise transmission to the surrounding land.‣ the likely visual impact of the proposed building in relation to thestreetscape.‣ the scale or bulk of the proposal.‣ proposed hours of use.‣ potential light spillage or reflection.‣ potential traffic generation.‣ means of vehicle access to and provision of parking and loading on theapplication site.‣ potential social impacts on the community.Additional notification may be extended to include the occupants of affectedproperties, including those of adjoining lands, where it is suspected that theyare not occupied by an owner.(3) Written notification to public authoritiesWritten notification of development will be made to such public authorities(other than relevant concurrence authorities or approval bodies) as, in theopinion of Council, may have an interest in the determination of theapplication.(4) Form of written notificationWritten notification of development will be made in the form of a letter.As a minimum standard, letters to property owners will be posted to theservice address held within Council’s Corporate Information System at thedate the notice is issued.Part I – Other Considerations – Notification and Advertised Development I.166
Richmond Valley Development Control Plan 2012Where the occupants of identified properties are to be notified the notice needonly be addressed “To the occupant”.The minimum specifications for a written notice are provided in clause 89 ofthe Environmental Planning and Assessment Regulation 2000. It provides thata notice must contain the following information:‣ description of the land (including the address)‣ name of the applicant‣ name of the consent authority‣ description of the development proposal‣ a statement that the proposal may be inspected at the principal offices ofthe consent authority during ordinary office hours during the exhibitionperiod‣ a statement that any person may make written submissions, in relationto the development proposal, during the exhibition period‣ the dates of the exhibition periodWhere the application is for integrated development:‣ a statement that the development is integrated development.‣ the approvals that are required under integrated development.‣ the relevant approval bodies for the required approvals.Where the application is threatened species development:‣ a statement that the development is threatened species development.(5) Circumstance where a notice is to be displayedIn the situation that additional notification of affected persons is required undersubclause (2), a copy of the written notice shall be displayed on thedevelopment site.A display notice must be located in a position that is visible to the public. Itmust also be of such dimensions to reasonable display the notice so that itcan be clearly read.I15.5 DictionaryIn this Chapter the following definitions apply:Adjoining land means lands immediately adjoining the proposeddevelopment site, or that are separated from such land only by apathway, driveway, unformed road or similar thoroughfare.Advertised development has the same meaning as in the Act.Note. Section 4(1) of the Act defines advertised development as meaningdevelopment, other than designated development, that is identified as advertiseddevelopment by the regulations, an environmental planning instrument or adevelopment control plan. Advertised development includes any development for thepurposes of a scheduled activity at any premises under the Protection of theEnvironment Operations Act 1997 that is not designated development.Part I – Other Considerations – Notification and Advertised Development I.167
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Part I - Other Considerations - Richmond Valley Council

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