State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007
Current version for 15 December 2008 to date (accessed 20 May 2013 at 07:52)
Schedule 2

Schedule 2 Exempt development

(Clause 19)

1   Advertisements

The display of an advertisement (other than an illuminated advertisement), including the erection of any advertising structure on which the advertisement is displayed, but only if:
(a)  the advertisement:
(i)  relates to the premises on which it is displayed or to goods or services that are available at those premises, and
(ii)  together with any advertising structure on which it is displayed, has an area of no more than 0.75 square metres, and
(iii)  together with any advertising structure on which it is displayed, is at least 2.6 metres above any public road above which it is displayed, or
(b)  the advertisement is displayed behind a window, or
(c)  the advertisement:
(i)  advertises a social, cultural, political or recreational event, and
(ii)  is displayed for no more than 28 days before the event, no more than 14 days after the event and no more than a total of 22 weeks, and
(iii)  has an area of no more than 7 square metres, or
(d)  the advertisement:
(i)  is a real estate sign advertising that the premises on which it is displayed are for sale or are for lease under Part 12 of the National Parks and Wildlife Act 1974, and
(ii)  together with any advertising structure on which it is displayed, has an area of no more than 2.4 square metres.

2   Public notices of public authorities

The erection of a sign, by or on behalf of a public authority, in the nature of a public notice that provides only information or directions (or both) in relation to a service provided by the public authority.

3   Signs relating to safety

The erection of a sign whose purpose is to ensure the safety of workers on the site at which it is located or of the general public.

4   Building identification signs or business identification signs

The erection and use of a building identification sign or business identification sign, displayed on the premises to which it relates, but only if:
(a)  the sign is displayed behind a window on the premises, or
(b)  the sign has an area of no more than 0.75 square metres and, if the sign is erected above a public road, it is erected at least 2.6 metres above the road.

5   Internal building alterations

Internal building alterations that do not involve the following:
(a)  any increase in the gross floor area of the building,
(b)  any alteration to a load-bearing member of a building or any alteration that results in the load-bearing capacity of the building being exceeded,
(c)  any modification of any form of construction that is, or is proposed to be, implemented in a building to ensure the safety of persons using the building in the event of fire,
(d)  any modification of any of the following:
(i)  any kitchen used for commercial purposes,
(ii)  any area, within premises, that is used for skin penetration procedures within the meaning of section 51 of the Public Health Act 1991,
(iii)  any hairdressing premises,
(iv)  any swimming or spa pool within the building,
(e)  any alteration to a building comprising tourist accommodation that results in an increase in the size of a bedroom or an increase in the number of bedrooms in the tourist accommodation.

6   Change of use of a building

New use of a building as an office, resulting from a change of use of the building as a shop, or new use of a building as a shop, resulting from a change of use of the building as an office, but only if:
(a)  the use of the building, before the change, as a shop or as an office (as the case may be) was lawful, and
(b)  the new use would otherwise be permitted with consent under this Policy, and
(c)  the new use occurs over no more than 200 square metres of floor space, and
(d)  in the case of the new use of a building as a shop—the use of the shop does not involve the handling, preparation or storage of food for sale or consumption.

7   Installation and use of street furniture

The installation and use of street furniture (including a bench, a bollard and a garbage enclosure) on a public footpath or in a plaza, but only if:
(a)  the street furniture does not prevent or extensively restrict use of the footpath or plaza for access, and
(b)  the street furniture is firmly anchored, and
(c)  in the case of a garbage enclosure—the enclosure is animal-proof.

8   Maintenance

The carrying out of any development comprised in the repair of deteriorated or damaged material (whether or not in a building) or the replacement of any such material, but only if:
(a)  no wall of a building is wholly replaced,
(b)  in the case of repairs to, or the partial replacement of, the wall of a building, involving the use of material that differs in nature from the material being repaired or replaced—the repairs extend over no more than 5 percent of the surface, or the replacement is of no more than 5 percent of the wall, over any 3 year period,
(c)  the maintenance does not affect the load-bearing capacity of any load-bearing member of a building.

9   Development carried out on ski slopes

The carrying out on ski slopes of any of the following:
(a)  the erection of any of the following structures for the purposes of recreational activities, including skiing:
(i)  signs not exceeding 2.5 square metres in area,
(ii)  structures related to snow sports that are either fully embedded or fully supported by snow,
(iii)  other structures not exceeding more than 2.4 metres in height,
      but only if the structures stand for no more than 22 weeks in any one year,
(b)  fences not exceeding 2 metres in height,
(c)  the maintenance of ski slopes on an annual basis, or of a routine nature, including slashing and trimming of regrowth.
Note. The slashing or trimming of any plant that is part of any of the following plant communities (as identified in the Kosciuszko Resorts Vegetation Assessment) is not exempt development:
(a)  feldmark,
(b)  short alpine herbfield,
(c)  snowpatch.

The slashing or trimming of plants that are, or are part of, a threatened species, endangered population or endangered ecological community (as identified by the Threatened Species Conservation Act 1995) is an offence under Part 8A of the National Parks and Wildlife Act 1974.

10   Antennae, satellite dishes and aerials

The installation of an antenna, satellite dish or aerial, for use within tourist accommodation, but only if:
(a)  following the installation, there is no more than one antenna, one satellite dish and one aerial per building, and
(b)  the height of the antenna, satellite dish or aerial to be installed is no more than 1 metre above the ridgeline of the building that the device services, and
(c)  in the case of the installation of a satellite dish—the dish is no more than 500mm in diameter, and
(d)  there are no structural alterations involved and the antenna, satellite dish or antenna is firmly anchored.

11   Erection of minor structures

The erection of a structure ancillary to a permissible use, but only if:
(a)  the structure is erected at least 1 metre from each boundary of any sublease or lease applying to the site, and
(b)  the structure does not cover an area of more than 10 square metres, and
(c)  the structure does not stand higher than 1 metre above the ground level (existing) of the site, and
(d)  the erection of the structure does not require any excavation deeper than 500 millimetres below ground level (existing) and does not compromise any support for adjoining land, and
(e)  the erection or use of the structure does not involve the handling, use or storage of hazardous chemicals or materials, and the materials used in the structure do not release any hazardous chemicals or materials into the environment, and
(f)  the structure is made of non-combustible materials if erected on land that is bush fire prone land.

12   Laying of paving

The laying of paving, but only if:
(a)  the paving does not cover an area of more than 10 square metres, and
(b)  the laying of the paving does not require any excavation deeper than 500 millimetres below the ground level (existing) of the site and does not compromise any support for adjoining land.

13   Demolition

Demolition of any structure, the erection of which is exempt development under this Policy, but only if:
(a)  the structure stands on an area of not more than 25 square metres, and
(b)  is carried out in accordance with any applicable provisions of AS 2601—2001 Demolition of structures.
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