New South Wales Consolidated Regulations

KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 12A

12A What is exempt and complying development?

(1) Development of minimal environmental impact listed as exempt development in Development Control Plan No 26-Exempt & Complying Development is "exempt development", despite any other provision of this plan.

(2) Development listed as complying development in Development Control Plan No 26-Exempt & Complying Development is "complying development" if:

(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.

(3) Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 26-Exempt & Complying Development .

(4) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 26-Exempt & Complying Development adopted by the Council, as in force when the certificate is issued.

(5) For the purpose of subclauses (1)-(3) of this clause, "Development Control Plan No 26-Exempt & Complying Development" means Development Control Plan No 26-Exempt & Complying Development as adopted by the Council on 13 November 2006.