State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 19 November 2014 to date (accessed 21 December 2014 at 22:24)
Part 1Division 2Clause 1.19

1.19   Land on which complying development may not be carried out

(1) Specific land exemptions for General Housing Code and Rural Housing Code
To be complying development specified for the General Housing Code or the Rural Housing Code, the development must not be carried out on:
(a)  land within a heritage conservation area or a draft heritage conservation area, unless the development is a detached outbuilding or swimming pool, or
(b)  land that is reserved for a public purpose by an environmental planning instrument, or
(c)  land identified on an Acid Sulfate Soils Map as being Class 1 or Class 2, or
(d)  land that is subject to a biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995 or a property vegetation plan approved under the Native Vegetation Act 2003, or
(e)  land identified by an environmental planning instrument as being:
(i)  within a buffer area, or
(ii)  within a river front area, or
(iii)  within an ecologically sensitive area, or
(iv)  environmentally sensitive land, or
(v)  within a protected area, or
(f)  land that is identified by an environmental planning instrument, a development control plan or a policy adopted by the council as being or affected by:
(i)  a coastline hazard, or
(ii)  a coastal hazard, or
(iii)  a coastal erosion hazard, or
(g)  land in a foreshore area, or
(h)  land that is in the 25 ANEF contour or a higher ANEF contour, unless the development is only for the erection of ancillary development, the alteration of or an addition to ancillary development or the alteration of a dwelling house, or
(i)  land that is declared to be a special area under the Sydney Water Catchment Management Act 1998, or
(j)  unsewered land:
(i)  to which State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 applies, if that development will result in an increase to the number of bedrooms on the site or a site disturbance area of more than 250m2, or
(ii)  in any other drinking water catchment identified in any other environmental planning instrument.
(2)  Development specified in the General Housing Code is not complying development under that code if it is carried out on land described or otherwise identified on a map specified in Schedule 5.
(3)  Subclause (2) ceases to have effect on 30 November 2015 in relation to:
(a)  land in the local government area of Mosman and identified on any map specified in Schedule 5, and
(b)  land in the local government area of Lake Macquarie and identified on State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Lake Macquarie Complying Development Land Map (SEPP_ECD_4650_LCD_002_20130730) specified in Schedule 5.
(4) Specific land exemptions for Housing Alterations Code and General Development Code
To be complying development specified for the Housing Alterations Code or the General Development Code, the development must not be carried out on unsewered land:
(a)  to which State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 applies, if that development will result in an increase to the number of bedrooms on the site or in a site disturbance area of more than 250m2, or
(b)  in any other drinking water catchment identified in any other environmental planning instrument.
(5) Specific land exemptions for Commercial and Industrial (New Buildings and Additions) Code
To be complying development specified for the Commercial and Industrial (New Buildings and Additions) Code, the development must not be carried out on:
(a)  land within a heritage conservation area or a draft heritage conservation area, or
(b)  land that is reserved for a public purpose in an environmental planning instrument, or
(c)  land identified on an Acid Sulfate Soils Map as being Class 1 or Class 2, or
(d)  land that is significantly contaminated land within the meaning of the Contaminated Land Management Act 1997, or
(e)  land that is subject to a biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995 or a property vegetation plan approved under the Native Vegetation Act 2003, or
(f)  land identified by an environmental planning instrument as being:
(i)  within a buffer area, or
(ii)  within a river front area, or
(iii)  within an ecologically sensitive area, or
(iv)  environmentally sensitive land, or
(v)  within a protected area, or
(g)  land that is identified by an environmental planning instrument, a development control plan or a policy adopted by the council as being or affected by:
(i)  a coastline hazard, or
(ii)  a coastal hazard, or
(iii)  a coastal erosion hazard, or
(h)  land in a foreshore area, or
(i)  unsewered land:
(i)  to which State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 applies, or
(ii)  in any other drinking water catchment identified in any other environmental planning instrument.
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