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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 19:35)
Part 1 Division 2
Division 2 Exempt and complying development
1.15   What development is exempt development?
(1)  Development that is specified in an exempt development code that meets the standards specified for that development and that complies with the requirements of this Division for exempt development is exempt development for the purposes of this Policy.
(2)  For the purposes of subclause (1), development that is specified includes any specified limitations as to the land on which that development may be carried out.
Note.
 Under section 4.1 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:
(a)  must be of minimal environmental impact, and
(b)  cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and
(c)  cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).
1.16   General requirements for exempt development
(1)  To be exempt development for the purposes of this Policy, the development:
(a)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, or if there are no such relevant provisions, must be structurally adequate, and
(b)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(b1)  must not be carried out on land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994, and
(b2)  must not be carried out on land that is, or is part of, a wilderness area (within the meaning of Wilderness Act 1987), and
(c)  must not be carried out on land that is, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977, or that is subject to an interim heritage order under that Act, and
(d)  must not be carried out on land that is described or otherwise identified on a map specified in Schedule 4.
(1A)  Despite subclause (1) (c), if development meets the requirements and standards specified by this Policy and that development:
(a)  has been granted an exemption under section 57 (2) of the Heritage Act 1977, or
(b)  is subject to an exemption under section 57 (1A) or (3) of that Act,
the development is exempt development under this Policy.
(1B)  If an item listed on the State Heritage Register is not located on, or does not comprise, the whole of the relevant land, subclause (1) (c) applies only to the part of the land that is described and mapped on that register.
(1C)  If an item not listed on the State Heritage Register but identified as an item of environmental heritage in an environmental planning instrument does not comprise, or is not located on, the whole of the relevant land, any restriction on carrying out development on the relevant land on which the item is located applies only to the part of the land that is described and mapped on that instrument.
(2)  Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development for the purposes of this Policy only if:
(a)  the building has a current fire safety certificate or fire safety statement, or
(b)  no fire safety measures are currently implemented, required or proposed for the building.
(3)  To be exempt development for the purposes of this Policy, the development must:
(a)  be installed in accordance with the manufacturer’s specifications, if applicable, and
(b)  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.
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.
(4)    (Repealed)
1.16A   Exempt development on land within 18 kilometres of Siding Spring Observatory
Clauses 1.15 and 1.16 and Part 2 apply to development on land that is less than 18 kilometres from the Siding Spring Observatory, but only if:
(a)  the development does not have, and will not require, any form of lighting, and
(b)  the development is not development that is specified in any of the following provisions of Division 1 of Part 2:
(i)  Subdivision 6 Balconies, decks, patios, pergolas, terraces and verandahs,
(ii)  Subdivision 10 Carports,
(iii)  Subdivision 10A Change of use of premises,
(iv)  Subdivision 10B Change of use of places of public worship,
(v)  Subdivision 16 Farm buildings (other than stock holding yards, grain silos and grain bunkers),
(v1)  Subdivision 16A Stock holding yards not used for sale of stock,
(v2)  Subdivision 16B Grain silos and grain bunkers,
(vi)  Subdivision 24 Landscaping structures,
(vii)  Subdivision 27 Minor building alterations (external),
(viii)  Subdivision 27A Mobile food and drink outlets,
(ix)  Subdivision 37 Skylights, roof windows and ventilators.
1.17   What development is complying development?
(1)  Development that is specified in a complying development code that meets the standards specified for that development and that complies with the requirements of this Division for complying development is complying development for the purposes of this Policy.
Note.
 Development referred to in clause 2A.1 is also complying development for the purposes of this Policy.
(2)  For the purposes of subclause (1), development that is specified includes any specified limitations as to the land on which that development may be carried out.
1.17A   Requirements for complying development for all environmental planning instruments
(1)  To be complying development for the purposes of any environmental planning instrument, the development must not:
(a)  be development for which development consent cannot be granted except with the concurrence of a person other than:
(i)  the consent authority, or
(ii)  the Director-General of the Department of Environment, Climate Change and Water as referred to in section 4.13 (3) of the Act, or
(b)  be on land that is critical habitat, or
(c)  be on land that is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987), or
(d)  be carried out on land that:
(i)  comprises an item that is listed on the State Heritage Register under the Heritage Act 1977 or on which such an item is located, or
(ii)  is subject to an interim heritage order under that Act or on which is located an item that is so subject, or
(iii)  is identified as an item of environmental heritage or a heritage item by an environmental planning instrument or on which is located an item that is so identified, or
(e)  except as otherwise provided by this Policy, be on land that is within an environmentally sensitive area.
(2)  Despite subclause (1) (d), if development meets the requirements and standards specified by this Policy and that development:
(a)  has been granted an exemption under section 57 (2) of the Heritage Act 1977, or
(b)  is subject to an exemption under section 57 (1A) or (3) of that Act,
the development is complying development under this Policy.
(3)  If an item listed on the State Heritage Register is not located on, or does not comprise, the whole of the relevant land, subclause (1) (d) applies only to the part of the land that is described and mapped on that register.
(4)  If an item not listed on the State Heritage Register but identified as an item of environmental heritage in an environmental planning instrument does not comprise, or is not located on, the whole of the relevant land, subclause (1) (d) applies only to the part of the land that is described and mapped on that instrument.
1.18   General requirements for complying development under this Policy
(1)  To be complying development for the purposes of this Policy, the development must:
(a)  not be exempt development under this Policy, and
(b)  be permissible, with consent, under an environmental planning instrument applying to the land on which the development is carried out, and
(c)  meet the relevant provisions of the Building Code of Australia, and
(c1)  must not require an environment protection licence within the meaning of the Protection of the Environment Operations Act 1997, and
(c2)  must not be designated development, and
Note.
 Designated development is defined in section 4.10 of the Act as development that is declared to be designated development by an environmental planning instrument or the regulations.
(c3)  not be carried out on land that comprises, or on which there is, a draft heritage item, and
(d)  before the complying development certificate is issued, have an approval, if required by the Local Government Act 1993, for:
(i)  an on-site effluent disposal system if the development is undertaken on unsewered land, and
(ii)  an on-site stormwater drainage system, and
(e)  before the complying development certificate is issued, have written consent from the relevant roads authority (if required under section 138 of the Roads Act 1993) for the building of any kerb, crossover or driveway, and
Note.
 Other consents may be required under section 138 of the Roads Act 1993 before carrying out other works in relation to roads.
(f)  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 10.7 (2) of the Act, but the information is not included in a certificate issued under clause 279 (2) of Environmental Planning and Assessment Regulation 2000.
(g)  not be the construction or installation of a skylight or roof window on land in the local government area of Coonamble, Gilgandra, Warrumbungle Shire or that part of the local government area of Dubbo Regional that was formerly in the City of Dubbo, and
(h)  if it involves the removal or pruning of a tree or other vegetation that requires a permit or development consent to which clause 3.33, 3A.7 or 5A.3 does not apply—before the complying development certificate is issued, have a permit or development consent for that removal or pruning.
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. Paragraph (h) may not apply to certain trees or vegetation near complying development under this Policy (see clauses 3.33, 3A.7 and 5A.3).
(2)  The erection of a new dwelling house or an addition to a dwelling house on land in the 20-25 ANEF contours is complying development for this Policy, if the development is constructed in accordance with AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction.
(3)  A complying development certificate for complying development under this Policy is subject to the conditions specified in this Policy in respect of that development.
Note.
 Clause 136A of the Environmental Planning and Assessment Regulation 2000 requires a complying development certificate to be issued subject to the conditions specified in that clause.
1.19   Land on which complying development may not be carried out
(1) Specific land exemptions for Housing Code, Inland Code, Low Rise Medium Density Housing Code, Rural Housing Code and Greenfield Housing Code To be complying development specified for the Housing Code, the Inland Code, the Low Rise Medium Density Housing Code, the Rural Housing Code or the Greenfield 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, detached development (other than a detached studio) 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
(d1)  land that is subject to a private land conservation agreement under the Biodiversity Conservation Act 2016 or that is a set aside area under section 60ZC of the Local Land Services Act 2013, 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:
(i)  the erection of ancillary development, attached development or detached development, or
(ii)  the alteration of, or an addition to, ancillary development, attached development or detached development, or
(i)  land that is declared to be a special area under the Water NSW Act 2014, 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 Housing Code, Inland Code or the Low Rise Medium Density 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:
(a)  on 30 November 2018 in relation to 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, and
(b)  on 30 November 2021 in relation to land in the local government area of Mosman and identified on any map specified in Schedule 5.
(3A)  Development specified in the Low Rise Medium Density Housing Code is not complying development under that code if it is carried out on land on which there is a heritage item or a draft heritage item.
(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
(d1)  land that is subject to a private land conservation agreement under the Biodiversity Conservation Act 2016 or that is a set aside area under section 60ZC of the Local Land Services Act 2013, 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:
(ii)  in any other drinking water catchment identified in any other environmental planning instrument.
(6) Specific land exemptions may apply only to part of a lot Nothing in this clause prevents complying development being carried out on part of a lot that is not land referred to in this clause even if other parts of the lot are such land.
(7) Savings and transitional provision The amendment made to subclause (1) by State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Inland Code) 2019 applies to applications for complying development certificates made, but not finally determined, on or after 1 January 2019.
1.20   Suspension of covenants, agreements and instruments
(1)  For the purpose of enabling development on land in any zone to be carried out in accordance with this Policy, or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2)  This clause does not apply:
(a)  to a covenant imposed by a council, or that a council requires to be imposed, requiring compliance with a development standard that is:
(i)  consistent with the development standards specified for the development concerned under this Policy, or
(ii)  not dealt with by the development standards specified for the development concerned under this Policy, or
(b)  to a covenant that is specifically required by another environmental planning instrument, or
(c)  to a covenant imposed by an owner or former owner of the land concerned, other than a covenant that has been required by a council to be imposed, or
(d)  to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or
(e)  to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(f)  to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(g)  to any property vegetation plan approved under the Native Vegetation Act 2003, or
(h)  to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(i)  to any planning agreement within the meaning of Division 7.1 of the Act.
(3)  This clause does not affect the rights or interests of any public authority under any registered instrument.
(4)  Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).