1.8   Relationship with other State environmental planning policies

Note This clause is subject to section 36 (4) of the Act.

(1)  If this Policy and any other State environmental planning policy, whether made before or after the commencement of this Policy, specify the same development, as either exempt development or complying development, the other Policy does not apply to that development, except as provided by subclauses (2)–(4).

(2)  If this Policy and State Environmental Planning Policy (Infrastructure) 2007 specify the same development as either exempt or complying development, this Policy does not apply to that development if:

(a)  the development is carried out by a person who may carry out the development under State Environmental Planning Policy (Infrastructure) 2007, and

(b)  in the case of development for the purposes of the construction or installation of an aerial or antenna—the aerial or antenna is for use for some purpose other than:

(i)  receiving television or radio signals, or

(ii)  in connection with community band or two-way radio (or any combination of these uses), or

(iii)  any combination of the uses referred to in subparagraphs (i) and (ii), and

(c)  in the case of development for the purposes of the construction or installation of a radio or satellite communications dish—the dish is for use for some purpose other than receiving television or radio signals (or both).

(3)  If this Policy and State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 specify the same development as either exempt or complying development, this Policy does not apply to that development.

(4)  If this Policy specifies development as either exempt or complying development and a provision in State Environmental Planning Policy (Sydney Region Growth Centres) 2006 or State Environmental Planning Policy No 60—Exempt and Complying Development specifies the same development as complying development, the other policy ceases to apply to that development on 1 September 2011.

(4A)  If this Policy and State Environmental Planning Policy (Affordable Rental Housing) 2009 specify the same development as either exempt or complying development, this Policy does not apply to that development.

(5)  For the avoidance of doubt, each policy identified in subclause (4) continues to apply to the development until 1 September 2011.

(6)  If another State environmental planning policy specifies exempt development or complying development that is not the same as development specified as either exempt development or complying development in this Policy, this Policy does not affect the operation of that other Policy.

Note. The Environmental Planning and Assessment Regulation 2000 specifies that a person must refer to the environmental planning instrument under which the development is complying development in an application for a complying development certificate.