New South Wales Consolidated Regulations

HASTINGS LOCAL ENVIRONMENTAL PLAN 1987 - REG 8B

8B Complying development

(1) Development listed in Schedule 2 to Hastings DCP No 36 is "complying development" if it is allowed with the Council’s consent in the zone under Item 3 of the Table to clause 12.

(2) Development is complying development only if:

(a) it meets the applicable requirements specified in Hastings DCP No 36 applying to the development, and

(b) in the case of development involving a building, the building complies with the deemed-to-satisfy provisions of the Building Code of Australia , except where provided for in Schedule 2 of Hastings DCP No 36, and

(c) it does not include the exhibition or sale of material (whether literature, video, film, goods or articles) used or intended for use in connection with sexual behaviour and classified or refused classification under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, or the exhibition of objects primarily concerned with sexual behaviour, and

(d) it is not carried out on land that:

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

(ii) is land to which State Environmental Planning Policy No 14-Coastal Wetlands applies, or

(iii) is land to which State Environmental Planning Policy No 26-Littoral Rainforests applies, or

(iv) is identified in this plan or a development control plan adopted by the Council as being contaminated, within a buffer area, or subject to subsidence, slip or erosion, or

(v) is in a watercourse or flood path for a 1% AEP event, unless explicitly permitted within Hastings DCP No 36, or

(vi) has previously been used as a service station or a saw mill, or for intensive agriculture, mining or extractive industry, or

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

(e) no environmental planning instrument states that the adequacy of an acid sulfate soils management plan for the proposed development must be considered before consent can be granted for it, and

(f) where it will result in the doing of anything referred to in section 78A (3) of the Act for which an approval is required or in the removal of a tree or native vegetation for which an approval or consent is required, that approval or consent has been obtained, and

Note: Section 78A (3) of the Act refers to development applications involving an associated approval under section 68 of the Local Government Act 1993 .

(g) it is not integrated development, and

Note: Integrated development is development which is subject to an associated approval under other legislation, as listed in section 91 of the Act. It is subject to special referral processes. An example is a development requiring a bush fire safety authority under the Rural Fires Act 1997 .

(h) it is not prevented from being complying development by virtue of section 76A (6) of the Act.

Note: The authority for this LEP to define complying development is contained in section 76A (5) of the Environmental Planning and Assessment Act 1979 . This authority is qualified by subsection (6), which states:

(6) A provision under subsection (5) cannot be made:

(a) if the development is State significant development, or

(b) if the development is designated development, or

(c) if the development is development for which development consent cannot be granted except with the concurrence of a person other than:

(i) the consent authority, or

(ii) the Director-General of National Parks and Wildlife as referred to in section 79B (3), or

(d) so as to apply to land that is critical habitat, or

(e) so as to apply to land that is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987 ), or

(f) so as to apply to land that comprises, or on which there is, an item of the environmental heritage:

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

(ii) that is identified as such an item in an environmental planning instrument, or

(g) so as to apply to land that is identified as an environmentally sensitive area in the environmental planning instrument that makes provision for the complying development.

A provision made under subsection (5) has no effect in relation to development or land at any time during which the development or land is development or land to which paragraph (a)-(g) applies.

(3) A complying development certificate must include those conditions specified in Hastings Development Control Plan (DCP) No 36 Exempt and Complying Development , as in force when the certificate is issued that are applicable to the particular type of development for which the certificate is sought.