Formerly known as:
State Environmental Planning Policy No
4—Development Without Consent
State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Complying Development
[1981-021]
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Historical version for 7 December 2001 to 28 February 2002 (accessed 24 May 2013 at 15:34).
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Contents
1 Name of Policy
2 Definitions
3 Aims, objectives etc
4 Application of Policy
5 Inconsistency between instruments
5A Places of public worship
5B Aerial subscriber connections to telecommunications distribution lines
6 Subdivision
6A Dwelling-houses in the City of Sydney
7 Shops and commercial premises etc
8 Industry and light industry
8A (Repealed)
9 Alteration of a building or work
10 Certain ancillary or incidental development
11 Certain development by public authorities
11A Certain development on Aboriginal areas etc
11B Erection and use of portable classrooms
11C Classified roads and toll works
11D Bush fire hazard reduction
11E Emergency and routine work by Sydney Water or irrigation corporations
12 Register of variations of uses
13 Conversion of fire alarms
Schedule 1 Ancillary or incidental development involving acid sulfate soils excepted from clause 10
This State environmental planning policy may be cited as State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Complying Development.
(1) In this Policy, except in so far as the context or subject-matter otherwise indicates or requires:council, in relation to the carrying out of development, means the council of the area in which the development is to be carried out.
floor space, in relation to a building, means the area of a floor of the building, where the area of the floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1 400 millimetres above the floor level, excluding:
(a) columns, fin walls, sun control devices and any elements, projections or works outside the general line of the outer face of the external wall,(b) lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air-conditioning ducts,(c) car-parking needed to meet any requirements of the council and any internal access thereto, and(d) space for the loading and unloading of goods.private service provider means a person or body that has entered into an agreement with New South Wales Fire Brigades to monitor fire alarm systems.
(2) Part 2 of the Environmental Planning and Assessment Model Provisions 1980 applies to and in respect of this Policy in the same way as it applies to and in respect of a local environmental plan by which that Part is adopted and so applies as if the reference to “the local environmental plan” in clause 4 (1) of that Part were a reference to this Policy.(3) A written notice given to a council under clause 7 or 8 with respect to a change of the use of a building is a sufficient written notice, within the meaning of that clause, only if:(a) it is given by:(i) the owner of the building, or(ii) the occupier of the building, with the consent of the owner of the building,and contains a statement that it is so given executed by that owner,(b) it contains a description of the building sufficient to identify the building and a statement of the particular purpose for which the building will be used after the notice has been given, and(c) it is accompanied by the fee (if any) not exceeding $50 fixed by the council for registration of the notice pursuant to clause 12.(4) Nothing in this Policy shall be read or construed as:(a) affecting any requirement to comply with a development standard,(b) authorising the carrying out of any development that is prohibited under the Act, except where the carrying out of the development is so prohibited by reason only of a requirement for the obtaining of development consent before it may be carried out,(c) authorising the change of an existing use, within the meaning of Division 2 of Part 4 of the Act, to another use, or(d) authorising an alteration to, or the extension or rebuilding of, a building or work being used for an existing use, within the meaning of Division 2 of Part 4 of the Act, except as provided by clause 13.(5) Nothing in this Policy shall be construed as permitting, without development consent being obtained therefor, development for the purposes of:(a) the construction or erection of, or the carrying out of work for the purpose of, an aircraft landing field or helicopter landing pad or any other facility for the landing or taking off of aircraft or helicopters,(b) the use of land for the landing or taking off of aircraft or helicopters,(c) a home industry, or(d) the conversion of a dwelling-house into 2 dwellings, or(e) a brothel (within the meaning of the Disorderly Houses Act 1943) or the alteration of a building used as a brothel.(6) Nothing in this Policy, except clauses 5B, 11A and 11E, and clause 13 in the case of land described in paragraph (b) or (c) of this subclause, permits the alteration of or addition to, or the extension or demolition of, a building or work:(a) described in an environmental planning instrument as a heritage item, an item of the environmental heritage or a potential historical archaeological site, or(b) on land described in an environmental planning instrument as comprising or being within a conservation area (not being a conservation area sub-catchment within the meaning of Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997)) or a heritage conservation area, or(c) on land described in an environmental planning instrument as comprising or being within a foreshore scenic protection area, a harbour foreshore preservation area or a beach front scenic protection area.
(1) This Policy is designed to permit development for a purpose which is of minor environmental significance, development for certain purposes by public utility undertakings and development on certain land reserved or dedicated under the National Parks and Wildlife Act 1974 without the necessity for development consent being obtained therefor, where:(a) the carrying out of that development is not prohibited under the Act, except by reason only of a requirement for the obtaining of development consent before that development may be carried out, and(b) the development is carried out in accordance with any development standard applying in respect of the development,but without affecting any requirement to obtain consent or approval under any other Act in respect of the carrying out of development.(2) This Policy is also designed to regulate, as complying development throughout the State:(a) the conversion of fire alarm systems from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider, and(b) the conversion of fire alarm systems from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, and(c) the conversion of fire alarm systems from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
(1) Subject to subclause (2), this Policy applies to the State but does not apply to land to which State Environmental Planning Policy No 26—Littoral Rainforests applies.(2) Except as provided by clauses 11A, 11E and 13, this Policy does not apply to:(a) land which is reserved under an environmental planning instrument for use exclusively for a purpose referred to in section 26 (c) of the Act,(b) land, other than land referred to in paragraph (a), which is reserved under an environmental planning instrument for use exclusively for any purpose or thing for which a site could have been reserved under section 342G (3) (e), (f), (g), (h), or (j) of the Local Government Act 1919, as in force immediately before 1 September 1980, or(c) land, other than land referred to in paragraph (a) or (b), which a public authority may, under an environmental planning instrument, be required to acquire by the owner of the land.(3) Clause 7 (2) does not apply to land within Zone No 3 (f–r) under Parramatta Local Environmental Plan 1989 (City Centre).(4) Clauses 9 and 10 of this Policy do not apply to land within Zone No 2 (g) under Parramatta Local Environmental Plan 1989 (City Centre) or within a conservation area as defined in that plan.(4A) Clause 10 does not apply to the land to which Murray Regional Environmental Plan No 2—Riverine Land applies where clause 10 would authorise a person to carry out, without development consent, works on or a use of land identified in that plan as flood liable, for the purposes of chemical, fuel or fertiliser storage.(5) Clauses 9 and 10 do not apply to the land to which the Sydney Regional Environmental Plan No 16—Walsh Bay applies.(6) Clauses 6–10 do not apply to land that is within a local government area specified in Schedule 2 or to other land specified in that Schedule.(6A) Clause 10 does not apply to development for which consent is required under the provisions of clause 66 of Kiama Local Environmental Plan 1996.(7) Clause 10 does not apply to land to which Williams River Catchment Regional Environmental Plan 1997 applies so as to allow a person to carry out, without development consent, works on or a use of land within 30 metres of the Williams River for the purposes of chemical, fuel or fertiliser storage, milking sheds, stables, chicken sheds, pig sties or the keeping of any other animal or organic materials.
5 Inconsistency between instruments
Subject to section 74 (1) of the Act, in the event of an inconsistency between this Policy and another environmental planning instrument, whether made before or after this Policy, this Policy shall prevail to the extent of the inconsistency.
(1) If:(a) a building is or was last lawfully used for the purpose of a place of public worship of a particular kind, and(b) the building could not, but for this clause, be used for the purposes of a place of public worship of another kind, except with development consent being obtained therefor,the building may, without the necessity for development consent being obtained therefor, on not less than 40 days written notice being given to the council, be used for the purposes of a place of public worship of another kind, subject to subclause (2).(2) This clause does not authorise the use of a building for the purposes of a place of public worship if the use will increase or create adverse environmental impacts, such as:(a) emission of noise, or(b) movement of motor vehicles, or(c) parking of motor vehicles, or(d) significant change in the hours of use.(3) If, immediately before the commencement of a use of a building authorised by this clause, a condition of a development consent applied to the use of a building or the use of the land on which the building is erected, the condition applies to and in respect of the use of the building so authorised or the use of the land on which it is erected in the same way as it applies to and in respect of the former use.
5B Aerial subscriber connections to telecommunications distribution lines
(1) This clause applies to development being:(a) the connection from a subscriber’s premises to a telecommunications distribution line by means of a cable that is wholly or partly an aerial cable, or(b) the erection of any structure necessary to enable the connection to be made or ancillary to the making of the connection, being a structure that is located between the point of connection of the cable to the subscriber’s premises and the point of connection of the cable to the telecommunications distribution line.(2) If, but for this clause, development to which this clause applies is prohibited or could not be carried out without development consent being obtained therefor, and:(a) the subscriber’s premises and any land or other thing traversed by the connection do not comprise an item of the environmental heritage, and(b) electricity is not supplied to the subscriber’s premises by means of an underground connection,the development may be carried out and may be carried out without the necessity for development consent.(3) If, but for this clause, development to which this clause applies is prohibited, and:(a) the subscriber’s premises or any land or other thing traversed by the connection comprise an item of the environmental heritage, or(b) electricity is supplied to the subscriber’s premises by means of an underground connection,or both, the development may be carried out but only with development consent.(4) A cable erected in accordance with this clause, to the extent to which it is an aerial cable, must be suspended:(a) at a height of not less than 4.9 metres above a public road or other place, including a driveway, used by vehicles, and(b) at a height of not less than 2.7 metres in any other case.(5) In this clause, item of the environmental heritage means:(a) any place, building, work, relic or precinct to which an interim heritage order or listing on the State Heritage Register under the Heritage Act 1977 applies, or(b) any place, building, work, relic, tree or precinct that is identified as a heritage item, or an item of the environmental heritage, or by a similar description, in an environmental planning instrument, or(c) any place that comprises, or any thing that is within, a heritage conservation area identified in an environmental planning instrument.(6) This clause ceases to have effect on and from 1 July 2002.(7) If a development application authorised to be made by this clause has been made but not finally determined before 1 July 2002, the development application may be determined as if this clause had not ceased to have effect.
(1) Where, in the absence of this clause, a subdivision of land could be carried out, but only with development consent, for the purpose of:(a) widening a public road,(b) making an adjustment to a boundary between allotments, being an adjustment that does not involve the creation of any additional allotment,(c) rectifying an encroachment upon an allotment,(d) creating a public reserve,(e) consolidating allotments, or(f) excising from an allotment land which is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other rescue service purposes or public conveniences,the subdivision may be carried out without that consent.(2) This clause does not apply:(a) to land described in an environmental planning instrument as comprising or being within a conservation area or a heritage conservation area, or(b) to land comprising, or on which is situated, an item described in an environmental planning instrument as a heritage item, an item of the environmental heritage or a potential historical archaeological site.
6A Dwelling-houses in the City of Sydney
(1) This clause applies to all land within the City of Sydney.(2) In subclause (3), a reference to land within a residential zone is a reference to land which, under an environmental planning instrument, is within a zone (within the meaning of that instrument) identified in that instrument as being a residential zone, but does not include land that is within an area described in an environmental planning instrument as a foreshore scenic protection area, a harbour foreshore preservation area or a beach front scenic protection area.(3) If, in the absence of this clause, a dwelling-house could be erected on land within a residential zone, but only with development consent, the dwelling-house may be erected without that consent.(4) Subclause (3) does not authorise the alteration of any dwelling-house:(a) shown upon a map supporting, or embodied or incorporated in, any environmental planning instrument, or(b) listed in any Schedule forming part of an environmental planning instrument or a development control plan,and identified as being an item of the environmental heritage, or within an area identified as a conservation area, within the meaning of the instrument or plan.
7 Shops and commercial premises etc
(1) Subject to subclause (5), where:(a) a building is lawfully used, or has been lawfully constructed to be used, for the purposes of a shop of a particular kind, and(b) the building could not, but for this clause, be used for the purposes of a shop of another kind, except with development consent being obtained therefor,the building may, without the necessity for development consent being obtained therefor, upon a sufficient written notice being given to the council, be used for the purposes of a shop of another kind.(2) Subject to subclause (5), where:(a) a building is lawfully used, or has been lawfully constructed to be used, for the purposes of commercial premises of a particular kind, and(b) the building could not, but for this clause, be used for the purposes of commercial premises of another kind, except with development consent being obtained therefor,the building may, without the necessity for development consent being obtained, upon a sufficient written notice being given to the council, be used for the purposes of commercial premises of another kind.(2A) Clause 7 does not apply to land within Zone No 4 or 4 (d) under South Sydney Local Environmental Plan No 114 (Southern Industrial and Rosebery/Zetland Planning Districts).(3) Where:(a) a building is lawfully used, or has been lawfully constructed to be used, for the purposes of a social or sporting club (other than a club registered under the Registered Clubs Act 1976) or a community or cultural centre, and(b) the building could not, but for this clause, be used for any other of the purposes referred to in paragraph (a), except with development consent being obtained therefor,the building may, without the necessity for development consent being obtained therefor, upon a sufficient written notice being given to the council, be used for any of those purposes.(4) (Repealed)(5) Subclauses (1) and (2) do not authorise the use of a building for the purposes of a shop or commercial premises in which:(a) restricted publications, within the meaning of the Indecent Articles and Classified Publications Act 1975 are shown, exhibited, displayed, sold, or otherwise rendered accessible or available to the public,(b) a business to which section 10 of that Act applies is conducted, or(c) a business is conducted, an object of which is the display or exhibition of any article, within the meaning of that Act, that is primarily concerned with sexual behaviour, but is not printed matter.(6) Where a building is used for the purposes of a shop or commercial premises in pursuance of this clause:(a) the curtilage of the shop or commercial premises shall not be used for storage or display purposes, and(b) the hours of operation of the shop or commercial premises shall not, in the case of a building used for the purposes of a shop or commercial premises immediately before the commencement of the use authorised by this clause, extend outside the hours during which the shop or commercial premises were so used at that time.(7) Where, immediately before the commencement of a use of a building authorised by this clause, a condition relating to:(a) the maintenance of landscaping,(b) the parking of vehicles, or(c) the provision of space for the loading or unloading of goods or vehicles,was imposed upon the use of the building or the use of the land upon which the building was erected, that condition applies to and in respect of the use of the building so authorised or the use of the land upon which it is erected in the same way as it applies to and in respect of that former use.
(1) Subject to subclauses (3) and (4), where:(a) a building is lawfully used, or has been lawfully constructed to be used, for the purposes of an industry, other than a light industry, and(b) the building could not, but for this clause, be used for the purposes of a light industry, except with development consent being obtained therefor,the building may, without the necessity for development consent being obtained therefor, upon a sufficient written notice being given to the council, be used for the purposes of a light industry.(2) Subject to subclauses (3) and (4), where:(a) a building is lawfully used, or has been lawfully constructed to be used, for the purposes of a light industry of a particular kind, and(b) the building could not, but for this clause, be used for the purposes of a light industry of another kind, except with development consent being obtained therefor,the building may, without the necessity for development consent being obtained therefor, upon a sufficient written notice being given to the council, be used for the purposes of a light industry of another kind.(3) Neither subclause (1) nor subclause (2) authorises, in any particular case, the use, for the purposes of a light industry, of any of the floor space of a building, if:(a) the total of the floor space which, in the absence of this paragraph, would be authorised to be so used in that case exceeds 500 square metres, or(b) the building does not have rear service access or access to off-street loading facilities.(4) Where a building is used for the purposes of a light industry in pursuance of this clause:(a) the curtilage of the building shall not be used for storage or display purposes, and(b) the hours of operation of the light industry shall not:(i) in the case of a building used for the purposes of an industry immediately before the commencement of the use authorised by this clause, extend outside the hours during which the building was so used at that time, and(ii) in any other case, extend outside the hours between 6 am and 6 pm.(5) Where, immediately before the commencement of a use of a building authorised by this clause, a condition relating to:(a) the maintenance of landscaping,(b) the parking of vehicles, or(c) the provision of space for the loading or unloading of goods or vehicles,was imposed upon the use of the building or the use of the land upon which the building was erected, that condition applies to and in respect of the use of the building so authorised or the use of the land upon which it is erected in the same way as it applies to and in respect of that former use.
9 Alteration of a building or work
(1) In subclause (2), a reference to the alteration of a building or work is a reference to the making of changes:(a) to the internal fabric or appearance of the building or work, whether or not involving structural alterations, or(b) to the external fabric or appearance of the building or work, being changes that involve the repair or renovation, or the painting, plastering or other decoration, of the building or work,but does not include a reference to the enlargement or extension of the building or work.(2) A building or work that, but for this clause, could not be altered except with development consent being obtained therefor may be altered without that consent.(3) This clause does not apply:(a) to a building or work described in an environmental planning instrument as a heritage item, an item of the environmental heritage or a potential historical archaeological site, or(b) to a building or work on land described in an environmental planning instrument as comprising or being within a conservation area or a heritage conservation area, or(c) to a building or work on land described in an environmental planning instrument as comprising or being within a foreshore scenic protection area, a harbour foreshore preservation area or a beach front scenic protection area.
10 Certain ancillary or incidental development
(1) This clause applies to development on land for a purpose that is ancillary or incidental to a purpose for which the land may be used, being development:(a) for the purpose of parking, loading facilities, drainage, workers’ amenities, pollution control, security or for other similar purposes, or(b) which consists of the erection of fences, garages, fuel sheds, tool houses, milking bails, haysheds, stables, fowl houses, pig sties, barns or the like.(2) Development that, but for this clause, could not be carried out except with development consent being obtained therefor may be carried out without that consent.(3) This clause does not apply:(a) to development carried out on land, or in relation to a building or work, described in an environmental planning instrument as a heritage item, an item of the environmental heritage or a potential historical archaeological site, or(b) to development carried out on land, or in relation to a building or work on land, described in an environmental planning instrument as comprising or being within a conservation area or a heritage conservation area, or(c) to development carried out on land, or in relation to a building or work on land, described in an environmental planning instrument as comprising or being within a foreshore scenic protection area, a harbour foreshore preservation area or a beach front scenic protection area, or(d) to land, or a building or work on land, a part of which land is used:(i) as a means of entrance to, or exit from, the land, or(ii) for the loading, unloading, manoeuvring or parking of vehicles, or(iii) for landscaping required to be carried out or maintained by reason of a condition imposed under the Act,if the development would prevent or restrict that use of the part of the land, or(e) to development authorised by clause 9, or(f) to land to which State Environmental Planning Policy No 14—Coastal Wetlands applies, or(g) to land to which Sydney Regional Environmental Plan No 25—Orchard Hills applies, or(h) to land shown as a wetland on the map marked “Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997)” or to land consisting of a scenic area shown on that map as being of significance beyond the region or of regional significance. (That map is deposited in the Parramatta office of the Department of Urban Affairs and Planning, and copies are deposited in the Department’s offices at Sydney, Newcastle and Wollongong, and in the office of each consent authority referred to in that plan.), or(i) to development specified in Schedule 1.
11 Certain development by public authorities
(1) Where, in the absence of this clause, development, being the construction of water storage dams, sewage treatment works or electricity transmission lines by or on behalf of a public authority may be carried out only with development consent being obtained therefor, that development may be carried out without that consent.(2) Subclause (1) does not apply to the following land:Land within the Municipalities of Kiama and Shellharbour shown edged heavy black (other than land shown bounded by a black line edged by a broken line) on Sheet 1 of the map marked “Illawarra Regional Environmental Plan No 2—Jamberoo Valley”.
Land shown edged heavy black on Sheet 1 of the map marked “Sydney Regional Environmental Plan No 24—Homebush Bay Development Area”.
(3) In this clause, a reference to a map is a reference to a map deposited in the office of the Department of Planning.(4) Subclause (1) does not apply to a development consent referred to in subclause (1) that involves the carrying out of development for the purpose of an extractive industry on land to which Western Division Regional Environmental Plan No 1—Extractive Industries applies.(5) Subclause (1) does not apply to a development consent referred to in subclause (1) that involves the carrying out of development for the purpose of sewage treatment works on land within Zone No 6 (d) under Coffs Harbour Local Environmental Plan 1988.
11A Certain development on Aboriginal areas etc
(1) This clause applies to development carried out on land dedicated or reserved under the National Parks and Wildlife Act 1974 as an Aboriginal area, historic site, national park, regional park, nature reserve, state game reserve or state recreation area.(2) Where, in the absence of this clause, development to which this clause applies may be carried out only with development consent being obtained therefor, that development may be carried out without that consent.(3) A nominated authority shall not, in any area, carry out development to which this clause applies, being prescribed development, or cause or permit any such development to be carried out unless the nominated authority has:(a) given notice in writing to the council of the area of its intention to carry out the development or cause or permit the development to be carried out, and(b) given consideration to any matters requested, within 30 days of the council’s having been given notice under paragraph (a), by the council to be taken into account before the development is carried out, being matters related to the fact that the intended development will be prescribed development.(4) In subclause (3):area has the meaning ascribed thereto in the Local Government Act 1919.
nominated authority means:
(a) except as provided by paragraphs (b) and (c), the Director of National Parks and Wildlife, and(b) in relation to prescribed development intended to be carried out in a regional park, the trustees of the regional park, and(c) in relation to prescribed development intended to be carried out in a state recreation area, the trustees of the state recreation area.prescribed development means development which is likely:
(a) to generate traffic to an extent which will strain the capacity of the road system in the locality of the land on which the development is intended to be carried out or otherwise adversely affect the movement of traffic on that road system, or(b) to otherwise significantly affect other land in that locality.
11B Erection and use of portable classrooms
(1) If, in the absence of this clause, the erection or use of a portable classroom on land on which a government school or a non-government school is situated may be carried out only with development consent being obtained, that development may be carried out without that consent.(2) Nothing in this clause authorises:(a) the erection of a portable classroom having a height exceeding 1 storey, or(b) the use of a portable classroom for more than 5 years after the date of its erection.(3) In this clause, government school and non-government school have the same meanings as in the Education Reform Act 1990.
11C Classified roads and toll works
(1) In this clause:classified road means a classified road within the meaning of the State Roads Act 1986.
toll work means a work declared to be a toll work under section 46 of the State Roads Act 1986.
(2) Where, in the absence of this clause, development for the purposes of a classified road or toll work, or a proposed classified road or toll work, may be carried out only with development consent being obtained therefor, that development may be carried out without that consent.
11D Bush fire hazard reduction
(1) In this clause:bush fire hazard reduction means a reduction or modification (by controlled burning or by mechanical, chemical or manual means) of material that constitutes a bush fire hazard.
(2) Where, in the absence of this clause, development for the purpose of bushfire hazard reduction may be carried out only with development consent being obtained therefor, that development may be carried out without that consent if:(a) the development is consistent with a bush fire management plan referred to in section 52 of the Rural Fires Act 1997 that applies to the area or locality in which it is proposed to carry out that development, and(b) the development does not include the clearing, within the meaning of clause 7 of State Environmental Planning Policy No 14—Coastal Wetlands, of land to which that Policy applies.
11E Emergency and routine work by Sydney Water or irrigation corporations
(1) This clause applies to the following development in relation to Sydney Water Corporation Limited’s works or the works of an irrigation corporation:(a) development consisting of emergency work,(b) development consisting of routine maintenance.(2) If, in the absence of this clause, development to which this clause applies may be carried out only with development consent, Sydney Water Corporation Limited or an irrigation corporation may carry out the development (and development ancillary to that development, such as the carrying out of excavation work, the construction of accessways and the provision of power supplies) without that consent.(3) Despite subclause (2), Sydney Water Corporation Limited or an irrigation corporation may carry out development only with development consent if the development consists of routine maintenance involving the demolition of a building or work described in an environmental planning instrument as a heritage item or an item of the environmental heritage.(4) In this clause:demolition of a heritage item or an item of the environmental heritage means the total or partial destruction or dismantling of the item.
emergency work means the repair or replacement of any part of Sydney Water Corporation Limited’s works or the works of an irrigation corporation:
(a) because it has been (or is being) damaged by a natural disaster, an accident, an act of vandalism or a similar occurrence, or(b) because it has suddenly ceased to function or suddenly ceased to function adequately,and includes work reasonably necessary to prevent or limit any further damage or malfunction.irrigation corporation has the same meaning as in the Irrigation Corporations Act 1994.
routine maintenance includes the periodic inspection, cleaning, repair and replacement of Sydney Water Corporation Limited’s works or the works of an irrigation corporation, but does not include development that would result in an increase in the designed capacity of any part of those works.
Sydney Water Corporation Limited’s works means such works (within the meaning of the Water Board (Corporatisation) Act 1994) as are owned or controlled by Sydney Water Corporation Limited.
works of an irrigation corporation means such works as are owned or controlled by an irrigation corporation.
12 Register of variations of uses
Where a written notice given pursuant to clause 7 or 8 is received by a council, it shall forthwith record that fact in a register kept for that purpose.
(1) This clause applies to a fire alarm system that can be monitored by New South Wales Fire Brigades or a private service provider.(2) A person must not:(a) convert a fire alarm system from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider, or(b) convert a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, or(c) convert a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider,except with development consent.(3) Development to which subclause (2) (a), (b) or (c) applies is complying development if it consists only of:(a) internal alterations to a building, or(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm x 100mm x 100mm.(4) A complying development certificate issued in respect of complying development under subclause (3) is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
Schedule 1 Ancillary or incidental development involving acid sulfate soils excepted from clause 10
(Clause 10 (3) (i))
Development for which the following provisions require consent is excepted from clause 10:Clause 83 of Sydney Regional Environmental Plan No 28—Parramatta
Clause 40 of Grafton Local Environmental Plan 1988
Clause 56 of Kempsey Local Environmental Plan 1987
Clause 18 of Maclean Local Environmental Plan 2001
Clause 66 of Nambucca Local Environmental Plan 1995
Clause 18A of Richmond River Local Environmental Plan 1992
Clause 27 of City of Shoalhaven Local Environmental Plan 1985
Clause 35 of Tweed Local Environmental Plan 2000
Clause 41 of Holroyd Local Environmental Plan 1991
Clause 23 of Coffs Harbour City Local Environmental Plan 2000
Clause 25A of Concord Planning Scheme Ordinance
Clause 2A of Interim Development Order No 8—Municipality of Concord
Clause 2A of Interim Development Order No 9—Municipality of Concord
Clause 2A of Interim Development Order No 10—Municipality of Concord
Clause 2A of Interim Development Order No 11—Municipality of Concord
Clause 2A of Interim Development Order No 14—Municipality of Concord
Clause 2A of Interim Development Order No 15—Municipality of Concord
Clause 2A of Interim Development Order No 16—Municipality of Concord
Clause 4A of Interim Development Order No 18—Municipality of Concord
Clause 28A of Lismore Local Environmental Plan 2000
Clause 57 of Marrickville Local Environmental Plan 2001
Clause 41 (5) of North Sydney Local Environmental Plan 2001
Clause 34 of Parramatta Local Environmental Plan 2001
Schedule 2 Land excepted from clauses 6–10
(Clause 4 (6))
Albury City local government areaThe following abbreviations are used in the Historical notes:
Am |
amended |
LW |
legislation website |
Sch |
Schedule |
Cl |
clause |
No |
number |
Schs |
Schedules |
Cll |
clauses |
p |
page |
Sec |
section |
Div |
Division |
pp |
pages |
Secs |
sections |
Divs |
Divisions |
Reg |
Regulation |
Subdiv |
Subdivision |
GG |
Government Gazette |
Regs |
Regulations |
Subdivs |
Subdivisions |
Ins |
inserted |
Rep |
repealed |
Subst |
substituted |
Table of amending instruments
State Environmental
Planning Policy No 4—Development Without Consent and Miscellaneous
Complying Development (formerly State Environmental Planning Policy No
4—Development Without Consent) published in Gazette No
181 of 4.12.1981, p 6196 and amended in Gazettes of 7.10.1983, 31.8.1984,
22.11.1985, 12.12.1985, 11.9.1987, 18.9.1987, 5.2.1988, 26.2.1988, 16.6.1989,
21.7.1989, 8.12.1989, 29.6.1990, 25.10.1991, 13.12.1991, 31.7.1992,
30.10.1992, 24.12.1992, 31.3.1994, 19.8.1994, 21.7.1995, 16.2.1996 and Gazette
No 68 of 27.6.1997, p 5105, by Act No 65, 1997, in Gazettes No 107 of
3.10.1997, p 8434, No 119 of 7.11.1997, p 9006, No 115 of 31.7.1998, p 5849,
No 37 of 26.3.1999, pp 2473, 2500, 2516, No 56 of 7.5.1999, p 3124, No 63 of
28.5.1999, p 3715, No 81 of 16.7.1999, pp 5044, 5050, No 95 of 20.8.1999, p
6161, No 109 of 17.9.1999, p 9050, No 120 of 15.10.1999, pp 9973, 9997, No 122
of 22.10.1999, pp 10112, 10127, 10137, No 124 of 29.10.1999, p 10372, No 126
of 5.11.1999, pp 10449, 10453, 10460, 10466, No 128 of 12.11.1999, p 10659, No
130 of 19.11.1999, pp 10728, 10783, No 137 of 3.12.1999, pp 11679, 11702, No
139 of 10.12.1999, pp 11798, 11821, 11830, 11834, No 141 of 17.12.1999, p
12020 and No 144 of 24.12.1999, pp 12441, 12451, 12457, 12485, 12492, 12494
and as follows:
Dubbo Local Environmental Plan 1997—Rural
Areas (Amendment No 2)—Exempt and Complying Development
(GG No 1 of 7.1.2000, p 49)
Evans Local Environmental Plan No
26—Exempt and Complying Development (GG No 1 of
7.1.2000, p 52)
Holroyd Local Environmental Plan 1991 (Amendment
No 31)—Exempt and Complying Development (GG No 1 of
7.1.2000, p 54)
Ballina Local Environmental Plan 1987 (Amendment
No 54)—Exempt and Complying Development (GG No 15 of
4.2.2000, p 586)
Maclean Local Environmental Plan 1992 (Amendment
No 31)—Exempt and Complying Development and Acid Sulfate
Soils (GG No 15 of 4.2.2000, p 590)
North Sydney Local Environmental Plan 1989
(Amendment No 62) (GG No 15 of 4.2.2000, p 618)
Richmond River Local Environmental Plan 1992
(Amendment No 15)—Exempt and Complying Development (GG
No 15 of 4.2.2000, p 665)
Bega Valley Local Environmental Plan 1987
(Amendment No 123)—Exempt and Complying Development (GG
No 22 of 11.2.2000, p 856)
Bourke Local Environmental Plan 1998 (Amendment
No 1)—Exempt and Complying Development (GG No 22 of
11.2.2000, p 863)
Dumaresq Local Environmental Plan No
20 (GG No 22 of 11.2.2000, p 868)
Hurstville Local Environmental Plan 1994
(Amendment No 20) (GG No 22 of 11.2.2000, p 884)
Kiama Local Environmental Plan 1996 (Amendment
No 35)—Exempt and Complying Development (GG No 22 of
11.2.2000, p 888)
Murrurundi Local Environmental Plan 1993
(Amendment No 2)—Exempt and Complying Development (GG No
22 of 11.2.2000, p 897)
Muswellbrook Local Environmental Plan 1985
(Amendment No 82)—Exempt and Complying Development (GG
No 22 of 11.2.2000, p 899)
Singleton Local Environmental Plan 1996
(Amendment No 11)—Exempt and Complying Development (GG
No 22 of 11.2.2000, p 910)
Urana Local Environmental Plan 1990 (Amendment
No 2)—Exempt and Complying Development (GG No 22 of
11.2.2000, p 913)
Forbes Local Environmental Plan 1986 (Amendment
No 10)—Exempt and Complying Development (GG No 25 of
18.2.2000, p 1193)
Griffith Local Environmental Plan 1994
(Amendment No 9)—Exempt and Complying Development (GG No
25 of 18.2.2000, p 1195)
Murrumbidgee Local Environmental Plan 1994
(Amendment No 3)—Exempt and Complying Development (GG No
25 of 18.2.2000, p 1211)
Newcastle Local Environmental Plan 1987
(Amendment No 120) (GG No 25 of 18.2.2000, p 1214)
Port Stephens Local Environmental Plan 1987
(Amendment No 134) (GG No 25 of 18.2.2000, p 1236)
Quirindi Local Environmental Plan 1991
(Amendment No 1) (GG No 25 of 18.2.2000, p 1239)
Tenterfield Local Environmental Plan 1996
(Amendment No 2) (GG No 25 of 18.2.2000, p 1247)
Berrigan Local Environmental Plan 1992
(Amendment No 3)—Exempt and Complying Development (GG No
29 of 25.2.2000, p 1455)
Botany Local Environmental Plan 1995 (Amendment
No 18)—Exempt and Complying Development (GG No 29 of
25.2.2000, p 1458)
Guyra Local Environmental Plan 1988 (Amendment
No 7)—Exempt and Complying Development (GG No 29 of
25.2.2000, p 1478)
Hornsby Shire Local Environmental Plan 1994
(Amendment No 51) (GG No 29 of 25.2.2000, p 1487)
Lachlan Local Environmental Plan 1991 (Amendment
No 3)—Exempt and Complying Development (GG No 29 of
25.2.2000, p 1498)
Lane Cove Local Environmental Plan 1987
(Amendment No 46) (GG No 29 of 25.2.2000, p 1500)
Murray Local Environmental Plan 1989 (Amendment
No 8) (GG No 29 of 25.2.2000, p 1508)
Narromine Local Environmental Plan 1997
(Amendment No 1)—Exempt and Complying Development (GG No
29 of 25.2.2000, p 1512)
Parkes Local Environmental Plan 1990 (Amendment
No 3) (GG No 29 of 25.2.2000, p 1515)
Shellharbour Local Environmental Plan No
91 (GG No 29 of 25.2.2000, p 1519)
State Environmental Planning
Policy No 60—Exempt and Complying Development (GG No 32
of 3.3.2000, p 1616)
Pittwater Local Environmental Plan 1993
(Amendment No 44)—Exempt and Complying Development (GG
No 32 of 3.3.2000, p 1671)
Rockdale Local Environmental Plan No
165—Exempt and Complying Development (GG No 32 of
3.3.2000, p 1673)
Tallaganda Local Environmental Plan 1991
(Amendment No 2)—Exempt and Complying Development (GG No
32 of 3.3.2000, p 1688)
Blayney Local Environmental Plan 1998 (Amendment
No 2)—Exempt and Complying Development (GG No 35 of
10.3.2000, p 1810)
Concord Local Environmental Plan No
99 (GG No 35 of 10.3.2000, p 1845)
Manly Local Environmental Plan 1988 (Amendment
No 34—Exempt and Complying Development) (GG No 35 of
10.3.2000, p 1856)
Nambucca Local Environmental Plan 1995
(Amendment No 30) (GG No 35 of 10.3.2000, p 1881)
Snowy River Local Environmental Plan 1997
(Amendment No 4) (GG No 35 of 10.3.2000, p 1892)
Strathfield Local Environmental Plan No
91 (GG No 35 of 10.3.2000, p 1895)
Drummoyne Local Environmental Plan 1986
(Amendment No 46)—Exempt and Complying Development (GG
No 37 of 17.3.2000, p 2050)
Lockhart Local Environmental Plan 1995
(Amendment No 2)—Exempt and Complying Development (GG No
37 of 17.3.2000, p 2172)
Byron Local Environmental Plan 1988 (Amendment
No 70) (GG No 37 of 17.3.2000, p 2175)
Penrith Local Environmental
Plan No 255—Exempt and Complying Development (GG No 39
of 24.3.2000, p 2361)
Wagga Wagga Local Environmental Plan 1985
(Amendment No 37)—Exempt and Complying Development (GG
No 39 of 24.3.2000, p 2367)
Dubbo Local Environmental Plan 1998—Urban
Areas (Amendment No 1)—Exempt and Complying Development
(GG No 42 of 31.3.2000, p 2750)
Oberon Local Environmental Plan 1998 (Amendment
No 1)—Exempt and Complying Development (GG No 42 of
31.3.2000, p 2759)
Kempsey Local Environmental Plan 1987 (Amendment
No 62) (GG No 44 of 7.4.2000, p 2910)
Grafton Local Environmental Plan 1988 (Amendment
No 24) (GG No 44 of 7.4.2000, p 2922)
Gunnedah Local Environmental Plan 1998
(Amendment No 9)—Exempt and Complying Development (GG No
44 of 7.4.2000, p 2927)
Kyogle Local Environmental Plan No
12—Exempt and Complying Development (GG No 44 of
7.4.2000, p 2950)
Uralla Local Environmental Plan 1988 (Amendment
No 12)—Exempt and Complying Development (GG No 44 of
7.4.2000, p 2960)
Tweed Local Environmental
Plan 2000 (GG No 44 of 7.4.2000, p 3018)
Holroyd Local Environmental Plan 1991 (Amendment
No 32)—Acid Sulfate Soils (GG No 46 of 14.4.2000, p
3295)
Jerilderie Local Environmental Plan 1993
(Amendment No 2)—Exempt and Complying Development (GG No
46 of 14.4.2000, p 3301)
Liverpool Local Environmental Plan 1997
(Amendment No 26)—Exempt and Complying Development (GG
No 46 of 14.4.2000, p 3303)
Temora Local Environmental Plan 1987 (Amendment
No 11) (GG No 46 of 14.4.2000, p 3313)
State Environmental Planning Policy No
4—Development Without Consent (Amendment No 11) (GG No
49 of 20.4.2000, p 3388)
Coffs Harbour City Local
Environmental Plan 2000 (GG No 49 of 20.4.2000, p 3394)
Lismore Local Environmental
Plan 2000 (GG No 49 of 20.4.2000, p 3490)
Concord Local Environmental Plan No
108 (GG No 57 of 12.5.2000, p 3923)
Orange Local Environmental
Plan 2000 (GG No 57 of 12.5.2000, p 3937)
Woollahra Local Environmental Plan 1995
(Amendment No 20)—Exempt and Complying Development (GG
No 57 of 12.5.2000, p 4068)
Parry Local Environmental Plan 1987 (Amendment
No 3) (GG No 59 of 19.5.2000, p 4158)
Wellington Local Environmental Plan 1995
(Amendment No 1)—Exempt and Complying Development and Cudgegong River
Caravan Park (GG No 59 of 19.5.2000, p 4207) (the amendment
was without effect—see also GG No 32 of 3.3.2000, p 1633)
Leeton Local Environmental
Plan No 35 (GG No 62 of 26.5.2000, p 4372)
Shellharbour Local
Environmental Plan 2000 (GG No 66 of 2.6.2000, p 4565)
Campbelltown Local
Environmental Plan No 209—Exempt Development in Urban
Areas (GG No 66 of 2.6.2000, p 4660)
Cowra Local Environmental Plan 1990 (Amendment
No 9)—Exempt and Complying Development (GG No 66 of
2.6.2000, p 4688)
Goulburn Local Environmental Plan 1990
(Amendment No 11) (GG No 66 of 2.6.2000, p 4713)
Blacktown Local Environmental Plan 1988
(Amendment No 130) (GG No 68 of 9.6.2000, p 4843)
Culcairn Local Environmental Plan 1998
(Amendment No 1)—Exempt and Complying Development (GG No
68 of 9.6.2000, p 4872)
Narrandera Local Environmental Plan 1991
(Amendment No 4)—Exempt and Complying Development (GG No
71 of 16.6.2000, p 5022)
State Environmental Planning Policy No
4—Development Without Consent (Amendment No 12) (GG No
81 of 30.6.2000, p 5842)
Brewarrina Local
Environmental Plan 2000 (GG No 88 of 14.7.2000, p 6282)
Wingecarribee Local Environmental Plan 1989
(Amendment No 100) (GG No 88 of 14.7.2000, p 6353) (the
amendment was without effect—see also GG No 32 of 3.3.2000, p
1633)
Albury Local Environmental
Plan 2000 (GG No 97 of 28.7.2000, p 6722)
Camden Local Environmental Plan No
114—Exempt and Complying Development (GG No 97 of
28.7.2000, p 6829)
Gosford Local Environmental Plan No
381 (GG No 97 of 28.7.2000, p 6838)
South Sydney Local Environmental Plan 1998
(Amendment No 5)—Exempt and Complying Development (GG No
97 of 28.7.2000, p 7049)
Willoughby Local Environmental Plan
1999—No 2 Exempt and Complying Development (GG No 97 of
28.7.2000, p 7058)
State Environmental
Planning Policy No 61—Exempt and Complying Development for White Bay and
Glebe Island Ports (GG No 101 of 4.8.2000, p 7322)
Tumbarumba Local Environmental Plan 1988
(Amendment No 7)—Exempt and Complying Development (GG No
101 of 4.8.2000, p 7360)
Gloucester Local
Environmental Plan 2000 (GG No 117 of 8.9.2000, p
10213)
Greater Taree Local Environmental Plan 1995
(Amendment No 41) (GG No 117 of 8.9.2000, p 10298)
Blue Mountains Local Environmental Plan 1991
(Amendment No 29)—Exempt and Complying Development (GG
No 141 of 27.10.2000, p 11435)
Burwood Local Environmental Plan No
47—Exempt and Complying Development (GG No 141 of
27.10.2000, p 11438)
Lismore Local Environmental Plan 2000 (Amendment
No 5) (GG No 155 of 1.12.2000, p 12139)
Waverley and Woollahra Joint Local Environmental
Plan 1991—Bondi Junction Commercial Centre (Amendment No 5)—Exempt
and Complying Development (GG No 155 of 1.12.2000, p
12147)
Sutherland Shire Local
Environmental Plan 2000 (GG No 162 of 15.12.2000, p
13236)
Ku-ring-gai Local Environmental Plan No
180—Exempt and Complying Development (GG No 168 of
22.12.2000, p 13688)
Leichhardt Local
Environmental Plan 2000 (GG No 168 of 22.12.2000, p
13714)
Sydney Regional
Environmental Plan No 30—St Marys (GG No 20 of
19.1.2001, p 184)
Kiama Local Environmental Plan 1996 (Amendment
No 27)—Acid Sulfate Soils (GG No 39 of 16.2.2001, p 742
(see also GG No 41 of 23.2.2001, p 1024))
Hawkesbury Local Environmental Plan 1989
(Amendment No 110) (GG No 60 of 30.3.2001, p 1696)
Maclean Local Environmental
Plan 2001 (GG No 81 of 11.5.2001, p 2389)
Marrickville Local
Environmental Plan 2001 (GG No 86 of 18.5.2001, p 2678)
North Sydney Local
Environmental Plan 2001 (GG No 93 of 1.6.2001, p 3160)
State Environmental Planning Policy No
4—Development Without Consent (Amendment No 13) (GG No
100 of 22.6.2001, p 4277)
Baulkham Hills Local Environmental Plan 1991
(Amendment No 74) (GG No 100 of 22.6.2001, p 4282)
Pristine Waters Local Environmental Plan
2001—Exempt and Complying Development (GG No 108 of
6.7.2001, p 5292)
Campbelltown Local Environmental Plan No
209—Exempt Development (Amendment No 1) (GG No 188 of
7.12.2001, p 9704)
Parramatta Local
Environmental Plan 2001 (GG No 188 of 7.12.2001, p
9718)
Table of amendments
Cl 1 | Am 22.6.2001. |
Cl 2 | Am 7.10.1983; 25.10.1991; 21.7.1995; 16.2.1996; 7.11.1997; 30.6.2000; 22.6.2001. |
Cl 3 | Am 7.10.1983; 31.8.1984; 22.6.2001. |
Cl 4 | Am 31.8.1984; 5.2.1988; 16.6.1989; 21.7.1989; 25.10.1991; 31.3.1994; 21.7.1995; 27.6.1997; 3.10.1997; 26.3.1999; 16.2.2001 (see also 23.2.2001); 22.6.2001. |
Cl 5A | Ins 3.3.2000. |
Cl 5B | Ins 30.6.2000. Am 22.6.2001. |
Cl 6 | Subst 7.10.1983. Am 25.10.1991; 1997 No 65, Sch 4.25 [1]. |
Cl 6A | Ins 7.10.1983. Rep 22.11.1985. Ins 18.9.1987. |
Cl 7 | Am 7.10.1983; 19.8.1994. |
Cl 8 | Am 7.10.1983. |
Cl 8A | Ins 3.12.1999. Rep 3.3.2000. |
Cl 9 | Am 7.10.1983; 25.10.1991. |
Cl 10 | Subst 7.10.1983. Am 12.12.1985; 25.10.1991; 13.12.1991; 7.11.1997; 16.7.1999. |
Cl 11 | Ins 7.10.1983. Am 11.9.1987; 8.12.1989; 29.6.1990; 30.10.1992. |
Cl 11A | Ins 31.8.1984. Am 20.4.2000. |
Cl 11B | Ins 26.2.1988. Subst 31.7.1992. |
Cl 11C | Ins 25.10.1991. |
Cl 11D | Ins 24.12.1992. Am 1997 No 65, Sch 4.25 [2]. |
Cl 11E | Ins 21.7.1995. Am 31.7.1998. |
Cl 12 | Ins 7.10.1983. |
Cl 13 | Ins 22.6.2001. |
Sch 1 | Ins 16.7.1999. Am 16.7.1999; 20.8.1999; 4.2.2000; 10.3.2000; 7.4.2000; 14.4.2000; 20.4.2000; 12.5.2000; 1.12.2000; 11.5.2001; 18.5.2001; 1.6.2001; 7.12.2001. |
Sch 2 | Ins 26.3.1999. Am 26.3.1999; 7.5.1999; 28.5.1999; 17.9.1999; 15.10.1999; 22.10.1999; 29.10.1999; 5.11.1999; 12.11.1999; 19.11.1999; 3.12.1999; 10.12.1999; 17.12.1999; 24.12.1999; 7.1.2000; 4.2.2000; 11.2.2000; 18.2.2000; 25.2.2000; 3.3.2000; 10.3.2000; 17.3.2000; 24.3.2000; 31.3.2000; 7.4.2000; 14.4.2000; 20.4.2000; 12.5.2000; 19.5.2000; 26.5.2000; 2.6.2000; 9.6.2000; 16.6.2000; 14.7.2000; 28.7.2000; 4.8.2000; 8.9.2000; 27.10.2000; 1.12.2000; 15.12.2000; 22.12.2000; 19.1.2001; 30.3.2001; 22.6.2001; 6.7.2001; 7.12.2001. |