Check whether a proposal can proceed as complying development
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the plans and the environmental planning instrument the lawyer identifies, list the standards and conditions the papers say apply to the proposal, and leave blank whether the proposal is complying development.
- What the lawyer must review
- The lawyer decides whether the proposal is complying development and whether it meets the applicable development standards. Section 4.26 of the Environmental Planning and Assessment Act 1979 (NSW) says a person may carry out complying development if a complying development certificate has been issued and the development is carried out in accordance with the certificate and with any provisions of an environmental planning instrument, development control plan or the regulations that applied when the certificate was issued. An application is made by the owner or with the owner's consent. Nothing in the Division stops a consent authority from determining a development application for the same development. Section 4.28 says the council or registered certifier must consider whether the development is complying development and whether it complies with the standards, must not refuse a certificate if the development complies with the applicable development standards and the other requirements prescribed by the regulations, and the note to subsection (6) says Part 8 provides no right of review or appeal against the determination or a failure to determine the application.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the plans and the environmental planning instrument the lawyer identifies, list the standards and conditions the papers say apply to the proposal, and leave blank whether the proposal is complying development. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record the instrument and the standards from the text the lawyer has opened, not from a product brochure.
- Record whether the applicant is the owner or has the owner's consent.
- Remind the lawyer of the note to section 4.28(6): Part 8 is said to give no review or appeal from the certificate determination. The lawyer confirms Part 8 before advising a client who has been refused.
- Do not state a time limit for determining the application. Section 4.28(8) leaves the period to the regulations, which were not opened.
Sources
- Environmental Planning and Assessment Act 1979 (NSW) s 4.26, carrying out of complying development · 2026-10-22
- Environmental Planning and Assessment Act 1979 (NSW) s 4.28, process for obtaining complying development certificates · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.