New South Wales Consolidated Regulations

BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - REG 9

9 Exempt development

(1) Development of minimal environmental impact is exempt development if it is included in Schedule 1 to Part D1 of DCP 2005 and:

(a) it is development that may otherwise be carried out with development consent under this plan, and

(b) it complies with the development standards and other requirements specified for it in Part D1 of DCP 2005, and

(c) it is not located on or within a heritage item or within the curtilage of a heritage item identified in this or any other environmental planning instrument or in a development control plan applying to the land, and

(d) it is not in an area identified in this or any other environmental planning instrument or in a development control plan applying to the land as land that is bushfire prone, flood liable, contaminated, subject to subsidence, slip, erosion or acid sulfate soil, and

(e) it has the relevant approval, where it will be carried out within a zone of influence for a public sewer main, and

(f) it has the relevant approval, where it will be carried out on the site of an easement, and

(g) it has the relevant approval, where it will involve removal of any native or exotic trees in excess of 3 metres in height, and

(h) it is not to be carried out on land in Zone 6 (a) that is designated as a floodway on the map, and

(i) it will not be carried out on land that is critical habitat (as defined in the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994 ) or land that is or is part of a wilderness area (within the meaning of the Wilderness Act 1987 ), and

(j) it is not designated development or integrated development. Further, it is not development consent that requires the concurrence of the Director-General of National Parks and Wildlife, and

(k) it will not be carried out on land to which an order under the Heritage Act 1977 applies, and

(l) it is not to be carried out in Zone 7 or on land otherwise identified in a development control plan as environmentally significant land, and

(m) it does not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration or smell, and

(n) it does not contravene a condition of a development consent which still applies to the land on which it will be carried out, and

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

(p) it is not to be carried out on land identified on maps held by the Council and entitled Habitat for Threatened Species , and

(q) it is not to be carried out in or within 40 metres of a natural water body or wildlife corridor, and

(r) it will not result in significant alterations to the existing drainage regime, and

(s) it is not a "potentially hazardous industry" or "potentially offensive industry" under State Environmental Planning Policy No 33-Hazardous and Offensive Development , and

(t) it does not require development consent under a regional environmental plan or a State environmental planning policy.

(2) In this clause:
"DCP 2005" means Bankstown Development Control Plan 2005 , as adopted by the Council on 21 December 2005.