New South Wales Consolidated Regulations

BLACKTOWN LOCAL ENVIRONMENTAL PLAN 1988 - REG 9B

9B Complying development

(1) Development specified in Schedule 7 is "complying development" if it is local development of a kind that can be carried out with consent on the land on which it is proposed and provided that it satisfies all of the applicable criteria, if any, in that Schedule and the development:

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

(b) does not result in a total roofed coverage of the land that exceeds 0.66:1, and

(c) does not encroach upon any easement or right-of-way, and

(d) is not on land that contains threatened species, threatened populations or endangered ecological communities or land that is subject to a recovery plan or threat abatement plan under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994 , and

(e) meets the requirements of the Sydney Water Corporation, including obtaining a certificate of compliance if required, and

(f) has had a BASIX certificate issued in relation to it, if required, and

(g) does not contravene any condition of a development consent applying to the land, and

Note: Section 76A (6) of the Environmental Planning and Assessment Act 1979 Act states the following development can not be complying development:

(a) designated development,

(b) any development, if consent for it requires the concurrence of a person (other than the consent authority or the Director-General of National Parks and Wildlife as referred to in section 79B (3) of the Environmental Planning and Assessment Act 1979 ).

(h) is not on land that is or contains an item of the environmental heritage listed in Schedule 2, and

(i) is not on land that is:

(i) dedicated or reserved under the National Parks and Wildlife Act 1974 , or

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

(iii) an Aboriginal place, or contains an Aboriginal relic, under the National Parks and Wildlife Act 1974 , or

(iv) subject to an order under the Heritage Act 1977 , or

(v) identified in an environmental planning instrument as a wetland, or within 20 metres of a wetland, or

(vi) an aquatic reserve declared under the Fisheries Management Act 1994 , or

(vii) flood liable land, or

(viii) identified as subject to local overland flooding under Blacktown Development Control Plan 2006 , or

(ix) steeper than 33% slope (to the horizontal) within any building footprint, or

(x) within an area identified as being of high archaeological significance under Blacktown Development Control Plan 2006 , or

(xi) identified as a known archaeological site under Blacktown Development Control Plan 2006 , or

(xii) contaminated, within the meaning of the Contaminated Land Management Act 1997 , or

(xiii) subject to subsidence or slip, or

(xiv) within 40 metres of a perennial watercourse identified by a 1:50,000 topographic map held by Land and Property Information NSW, or

(xv) identified as a riverine scenic area under Sydney Regional Environmental Plan No 20-Hawkesbury-Nepean River (No 2-1997) , or

(xvi) within an area marked as clause 12 (3) or clause 12 (4) on the map, or

(xvii) identified as bushfire prone on the council’s bushfire prone land map.

Note: Section 76A (6) of the Environmental Planning and Assessment Act 1979 states development cannot be complying development if it is carried out on land:

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

(b) that is within a wilderness area (within the meaning of the Wilderness Act 1997 ), or

(c) that comprises, or on which there is, an item of the environmental heritage to which an order under the Heritage Act 1977 applies or that is identified as such an item in an environmental planning instrument, or

(d) that is identified as an environmentally sensitive area in the environmental planning instrument providing for the complying development.

(2) A complying development certificate issued for any such development (other than development for the purpose of a bed and breakfast establishment) must include those conditions specified in Schedule 8 that are applicable to that particular type of development the subject of the certificate.

Note: Complying development identified in Schedule 7 to this plan does not affect any other requirement for approval or authorisation required under another Act. If any of the applicable criteria for the relevant complying development as listed above and in Schedules 7 and 8 cannot be met then that development may only be carried out with the consent of the council.