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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 8 February 2019 to date (accessed 22 April 2019 at 08:52)
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, andNote.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, andNote.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, andNote.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.