Division 5 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 listed on the State Heritage Register or that is subject to an interim heritage order under the Heritage Act 1977), or

(e)  the development requires concurrence (except a concurrence of the Director-General of the Department of Environment, Climate Change and Water 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)  the development is on land identified as an environmentally sensitive area.

20B   General requirements for complying development

(1)  This clause applies to any development that this Policy provides is complying development.

(2)  To be complying development, the development must:

(a)  not be exempt development under this Policy, and

(b)  be permissible, with consent, in the land use zone in which it is carried out, and

(c)  meet the relevant provisions of the Building Code of Australia, and

(d)  before the complying development certificate is issued, have written consent from the relevant roads authority, if required by the Roads Act 1993:

(i)  for each opening of a public road required by the development, and

(ii)  to operate or store machinery, materials or waste required by the development on a road or footpath reserve, and

(e)  if it is the alteration or erection of improvements on land in a mine subsidence district within the meaning of the Mine Subsidence Compensation Act 1961, have the prior approval of the Mine Subsidence Board, and

Note. Information about mine subsidence is information that is a prescribed matter for the purpose of a planning certificate under section 149 (2) of the Act.

(f)  not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent, and

Note. A permit for the removal or pruning of a tree or other vegetation may be granted under a local environmental plan. A development consent for the removal of native vegetation may be granted under the Native Vegetation Act 2003.

(g)  not be carried out within 1m of any public sewer, if the development comprises the erection of a building, except with the written approval of the authority that has management or control of that sewer.

20C   General conditions of complying development certificates

Note. The Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Noise Control) Regulation 2008 contain provisions relating to noise.

(1) General
A complying development certificate for complying development under this Policy is subject to the conditions specified in this clause.

Note. The regulations made under the Act contain additional conditions of a complying development certificate.

(2) Conditions applying before works commence
A temporary hoarding or temporary construction site fence must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of works if the works:

(a)  could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic, or

(b)  could cause damage to adjoining lands by falling objects, or

(c)  involve the enclosure of a public place or part of a public place.

Note. See the entry for hoardings in Schedule 1. See also the entry for scaffolding, hoardings and temporary construction site fences in the General Exempt Development Code in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

(3)  Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons employed at the site.

(4)  Each toilet must:

(a)  be a standard flushing toilet connected to a public sewer, or

(b)  have an on-site effluent disposal system approved under the Local Government Act 1993, or

(c)  be a temporary chemical closet approved under the Local Government Act 1993.

(5)  A garbage receptacle must be provided at the work site before works begin and must be maintained until the works are completed.

(6) Conditions applying during works
Construction or demolition may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction or demolition is to be carried out at any time on a Sunday or a public holiday.

(7)  Works must be carried out in accordance with the plans and specifications to which the complying development certificate relates.

(8)  Run-off and erosion controls must be effectively maintained until the site has been stabilised and landscaped.

(9)  Building, or demolition, materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.

(10)  Demolition materials and waste materials must be sorted, and must be disposed of at a waste or resource management facility.

(11)  The work site must be left clear of waste and debris at the completion of the works.

(12) Utility services
If the complying development requires alteration to, or the relocation of, utility services on the lot on which the complying development is carried out, the complying development is not complete until all such works are carried out.

(13) Post-works requirements
If:

(a)  the development involves the erection or change of use of a building within a water supply authority’s area of operations, and

(b)  the water supply authority requires a certificate of compliance to be obtained with respect to the erection or change of use of the building,

      the building cannot be occupied before such a certificate has been obtained.

(14)  In this clause:

certificate of compliance, in relation to a water supply authority, means a certificate of compliance issued by the water supply authority under the Act under which the water supply authority is constituted.

water supply authority means:

(a)  the Sydney Water Corporation, the Hunter Water Corporation or a water supply authority within the meaning of the Water Management Act 2000, or

(b)  a council or county council exercising water supply, sewerage or stormwater drainage functions under Division 2 of Part 3 of Chapter 6 of the Local Government Act 1993.