Part 4 Exempt and complying development

15   Exempt development

Note. Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.

The section states that exempt development:

(a)  must be of minimal environmental impact, and

(b)  cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and

(c)  cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).

(1)  The objective of this clause is to identify development of minimal environmental impact as exempt development.

(2)  Development specified in a heading to a clause in Schedule 2 that meets the requirements for the development set out in that clause and that complies with the requirements of this Part is exempt development.

Note. Specifying a type of development as exempt development does not authorise the contravention of any condition of development consent applying to the land on which the exempt development is carried out, nor does it remove the need for any approval that may be required under other legislation.

(3)  To be exempt development, the development:

(a)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and

(b)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and

(c)  must not be designated development, and

(d)  must not be carried out on land that comprises, or on which there is, a heritage item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977, and

(e)  must not be carried out in an environmentally sensitive area for exempt or complying development (as defined in clause 3.3 of the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006), and

(f)  must not restrict any car parking required pursuant to the conditions of any development consent or any vehicular or pedestrian access to or from the site of the development, and

(g)  must not obstruct any drainage on the site of the development or of adjacent land.

(4)  (Repealed)

(5)  Development that involves erecting a temporary structure is exempt development only if the structure is on a surface that is sufficiently firm and level to sustain the structure while in use.

(6), (7)  (Repealed)

16   Complying development

Note. Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.

The section states that development cannot be complying development if:

(a)  it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or

(b)  it is on land within a wilderness area (identified under the Wilderness Act 1987), or

(c)  the development is designated development, or

(d)  the development is on land that comprises, or on which there is, an item of environmental heritage (that is identified as such an item in an environmental planning instrument, subject to an interim heritage order under the Heritage Act 1977 or listed on the State Heritage Register), or

(e)  the development requires concurrence (except a concurrence of the Director-General of the Department of Environment and Climate Change in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995)), or

(f)  if the development is on land identified as an environmentally sensitive area.

(1)  The objective of this clause is to identify development as complying development.

(2)  Development specified in a heading to a clause in Schedule 3 that is carried out in compliance with:

(a)  the applicable development standards listed in that Schedule, and

(b)  the requirements of this Part,

      is complying development.

Notes. 

1   Section 76A (6) of the Act provides that certain development, such as designated development, or development requiring the concurrence of another body, or development on land comprising, or on which there is, a heritage item, cannot be complying development.

2   Specifying a type of development as complying development does not authorise the contravention of any condition of development consent applying to the land on which the complying development is carried out, nor does it remove the need for any approval that may be required under other legislation.

(3)  To be complying development, the development:

(a)  must be permissible, with consent, in the zone in which it is carried out, and

(b)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and

(c)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and

(d)  must not be carried out in an environmentally sensitive area for exempt or complying development (as defined in clause 3.3 of the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006), and

(e)  must not restrict any car parking required pursuant to the conditions of any development consent or any vehicular or pedestrian access to or from the site of the development, and

(f)  must not obstruct any drainage on the site of the development or on adjacent land.

(4), (5)  (Repealed)

17   Conditions of complying development certificates

A complying development certificate for development identified as complying development by this Policy is subject to any applicable conditions set out in Schedule 4.