New South Wales Consolidated Regulations

BAULKHAM HILLS LOCAL ENVIRONMENTAL PLAN 2005 - REG 9

9 Complying development

(1) Development identified as complying development in the Table to clause 13, is "complying development", but only if:

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

(c) it is carried out in a zone for which it is identified as complying development by the Table to clause 13, and

(d) it complies with the requirements applied to the development by Part B-Complying Development of Baulkham Hills Development Control Plan , and

(e) it meets the other requirements made for complying development by the Act and this clause.

(2) Development is not complying development if it is carried out on any of the following land:

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

(b) land that is, or is the site of, a heritage item for the purposes of this plan or that is a conservation area for those purposes,

(c) an Aboriginal place under the National Parks and Wildlife Act 1974 ,

(d) land (not being land within Zone 2 (d) under this plan) that is zoned, or otherwise identified, under this or any other environmental planning instrument for the protection or preservation of habitat, plant communities or wetlands,

(e) an aquatic reserve under the Fisheries Management Act 1994 ,

(f) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,

(g) bush fire prone land, land below the flood standard, any land with a gradient in excess of 20% and any land within 40 metres of a stream, river or watercourse.

(3) Complying development must comply with the conditions of any development consent in force in respect of the land on which the development is to be carried out.

(4) Any provision of Part 3 that provides development is not complying development prevails over this clause.