Page 2169 - Week 06 - Tuesday, 8 May 2012
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(iii) into the minimum private open space required under the defined rules; and
(b) the planning and land authority declares (an exemption declaration) that the dwelling does not stop being an exempt development because of a non compliance with the defined rules identified in the declaration.
(2) An exemption declaration must state the following distances (each of which is an extended distance):
(a) the distance by which any setback for the dwelling that is required by the defined rules, is reduced to allow for the encroachment;
(b) the distance that any element of the dwelling may extend beyond the building envelope that applies, under the defined rules, to the block where the dwelling is being built;
(c) the distance by which any element of the dwelling may encroach into the minimum private open space required under the defined rules.
(3) Not later than 10 working days after a person applies to the planning and land authority for an exemption declaration the authority must—
(a) make the declaration; or
(b) refuse to make the declaration.
Note 1 If a form is approved under the Act, s 425 for this provision, the form must be used.
Note 2 A fee may be determined under the Act, s 424 for this provision.
Note 3 The requirement to make a decision under s (4) does not lapse if the 10 day time limit is not met (see Legislation Act, s 152).
(4) However, the planning and land authority must not make an exemption declaration in relation to a non-compliant dwelling unless satisfied that—
(a) the non-compliance is minor; and
(b) building the dwelling other than in accordance with the defined rules—
(i) will not adversely affect someone other than the applicant; and
(ii) will not increase the environmental impact of the dwelling more than minimally.
(5) In this section:
block—see section 1.100AA (4).
defined rules means—
(a) the relevant rules in any relevant precinct code that would apply if the dwelling were not exempt; or
(b) the relevant rules in the Residential Zones—Single Dwelling Housing Development Code that would apply if the dwelling were not exempt.
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