New South Wales Consolidated Regulations

GUNNEDAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 8B

8B What is complying development?

(1) Development listed in Part 1 Schedule 6 is "complying development", but only if it satisfies all of the following requirements:

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

(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 the deemed-to-satisfy provisions of the Building Code of Australia , and

(b) it will achieve the outcomes listed in Part 1 of Schedule 6 for the development, and

(c) it will be carried out behind the rear alignment of any building on the site on which it is proposed to be carried out, if that site is located in a heritage conservation area identified in this or an other environmental planning instrument, and

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

(e) it is consistent with any plan of management prepared under State Environmental Planning Policy No 44-Koala Habitat Protection , and

(f) it is not integrated development.

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

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

(b) is within a wilderness area under the Wilderness Act 1987 , or

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

(d) is an area identified in this or any other environmental planning instrument applying to the land as land that is bushfire prone, flood prone, contaminated, subject to subsidence, slip or erosion, or

(e) is on a site that has previously been used as a service station, for intensive agriculture, mining or extractive industries or sheep or cattle dip, or for the manufacture of chemicals, or

(f) is an Aboriginal place under the National Parks and Wildlife Act 1974 , or

(g) is within Zone No 5 (a), 5 (b), 7 (d), 9 (a) or 9 (c), or

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

(4) A complying development certificate issued for any such development is to be subject to the conditions specified in Part 2 of Schedule 6 for that development.

(5) A complying development certificate is taken to satisfy any requirements in this or any other environmental planning instrument or any 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.