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Contents (2008 - 572)
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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 1 July 2019 to date (accessed 23 July 2019 at 20:04)
Part 1 Division 1 Clause 1.9
1.9   Relationship with local environmental plans and development control plans
(1) Exempt or complying development under this Policy and standard plans A standard plan does not apply to development that is specified in the plan as exempt development or complying development and that is specified in this Policy as exempt development or complying development.
(2) Exempt development under this Policy and non-standard plans If this Policy and a non-standard plan specify the same development as exempt development, the non-standard plan does not apply to that development.
(3) Subclause (1) does not apply in relation to land in Bathurst Regional Despite subclause (1), if this Policy and Bathurst Regional Local Environmental Plan 2014 specify the same development as exempt development or complying development, that Plan continues to apply to that development.
(4) Complying development under this Policy and non-standard plans If this Policy and a non-standard plan specify the same development as complying development, the non-standard plan continues to apply to that development.
(5) Subclause (4) not to apply in relation to land in Kiama or Wyong Despite subclause (4), if this Policy and a non-standard plan that applies to land in the local government area of Kiama or Wyong specify the same development as complying development, that plan does not apply to that development.
(6) Complying development under this Policy and exempt development under non-standard plan If this Policy specifies development as complying development and a non-standard plan specifies the same development as exempt development, the non-standard plan does not apply to that development.
(6A)    (Repealed)
(7) Exempt development under this Policy and complying development under non-standard plan If this Policy specifies development as exempt development and a non-standard plan specifies the same development as complying development, the non-standard plan continues to apply to that development.
(8) Subclause (7) not to apply in relation to land in Kiama and Wyong Despite subclause (7), if this Policy specifies development as exempt development and a non-standard plan that applies to land in the local government area of Kiama or Wyong specifies the same development as complying development, that plan does not apply to that development.
(9) Additional exempt and complying development under standard and non-standard plans If a standard plan or non-standard plan 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 plan in relation to that development.
(10)  If a provision of this clause provides for a plan to continue to apply to development, that development may be carried out under this Policy or under the plan.
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.
(11)  In this clause:
non-standard plan means a local environmental plan (whether made before or after the commencement of this Policy) that has not been made as provided by section 3.20 (2) of the Act and a deemed environmental planning instrument and includes a development control plan adopted for the purposes of the plan or instrument.
standard plan means a local environmental plan (whether made before or after the commencement of this Policy) that has been made as provided by section 3.20 (2) of the Act and includes a development control plan adopted for the purposes of the plan.