New South Wales Consolidated Regulations

ASHFIELD LOCAL ENVIRONMENTAL PLAN 1985 - REG 8B

8B Complying development

(1) Development listed in Schedule 9 is complying development if:

(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

(b) it is not an "existing use", as defined in section 106 of the Act,

except as provided by subclauses (2) and (3).

(2) Development is complying development only if:

(a) it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and

(b) it complies with the development standards and other requirements specified in Schedule 9 for the development, and

(c) it complies with the relevant development standards set for the development by this plan and by any other environmental planning instrument applying to the land, and

(d) no environmental planning instrument states that the adequacy of an acid sulfate soils management plan for the proposed development must be considered before consent can be granted for it, and

(e) it does not contravene any condition of a development consent applying to the land.

(3) Development is not complying development if it is carried out on land that:

(a) is within a heritage conservation area or is the site of a heritage item, or

(b) is a site that has previously been used:

(i) as a service station, or

(ii) for waste storage or waste treatment, or

(iii) for the manufacture of chemicals, asbestos or asbestos products,

and a notice of completion of remediation work for the proposed use has not been given to the council in accordance with State Environmental Planning Policy No 55-Remediation of Land .

(4) Each complying development certificate is subject to the conditions specified in Schedule 10.

(5) A complying development certificate is taken to satisfy any requirement of an environmental planning instrument or tree preservation order for a consent, permit or approval to remove an exotic tree under 4 metres high if the carrying out of the complying development necessitates the removal of the tree.

Note: Section 76A (6) of the Environmental Planning and Assessment Act 1979 says that development cannot be complying development on land that:

(a) is critical habitat (within the meaning of the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994 ), or

(b) is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987 ), or

(c) comprises, or on which there is, an item of environmental heritage:

(i) that is subject to an interim heritage order under the Heritage Act 1977 , or that is listed on the State Heritage Register under that Act, or

(ii) that is identified as such an item in an environmental planning instrument, or

(d) identified as an environmentally sensitive area in this plan.