New South Wales Consolidated Regulations

HUNTER'S HILL LOCAL ENVIRONMENTAL PLAN NO 1 - REG 9B

9B Complying development

(1) Development specified as complying development in Development Control Plan No 19-Exempt and Complying Development as adopted by the council on 28 February 2000 is "complying development" despite any other provision of this plan provided it satisfies all of the applicable criteria in Table 2 of the Development Control Plan and:

(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, and

(c) it achieves the outcomes in the relevant Schedule of the Development Control Plan, and

(d) it meets the deemed-to-satisfy provisions of the Building Code of Australia , and

(e) it is carried out at least one metre from any easement or public sewer main and complies with the building over sewer requirements of Sydney Water Corporation applying to the land, and

(f) it is not on land that contains threatened species, populations or endangered ecological communities or land that is affected by a recovery plan or threat abatement plan under the Threatened Species Conservation Act 1995 , and

(g) a certificate of compliance has been obtained for the development, if required, from Sydney Water Corporation, and

(h) the development is not on land identified in an environmental planning instrument as containing acid sulphate soils and requiring the adequacy of an acid sulphate management plan to be considered before consent can be granted to the development, and

(i) the development 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) listed on the State Heritage Register or subject to an Order under the Heritage Act, or

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

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

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

(vii) listed as an item of the environmental heritage in Schedule 6 of Hunter’s Hill Local Environmental Plan No 1 or in a draft local environmental plan, or

(viii) land identified on a map held by the council as being flood liable, contaminated, or subject to subsidence or slip, or

(ix) within an area which has a high bushfire risk, and

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

(k) the development has any necessary approval for any activity referred to in section 78A (3) of the Act; or under council’s Tree Preservation Order to remove any tree.

(2) A complying development certificate issued for any such development must include those conditions applicable to that particular type of development the subject of the certificate that are specified in Development Control Plan No 19-Exempt and Complying Development adopted by council as in force when the certificate is issued.