New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 1.19

1.19 Land on which exempt development and complying development may not be carried out

(1) General land exemptions To be exempt development or complying development, the development must not be carried out on land that is an environmentally sensitive area.

(1A) Development specified in the General Exempt Development Code is not exempt development under that code if it is carried out on land described or otherwise identified on a map specified in Schedule 4.

(1B) Development specified in the General Housing Code is not complying development under that code if it is carried out on land described or otherwise identified on a map specified in Schedule 5.

(1C) Subclause (1B) ceases to have effect on 30 November 2015 in relation to land in the local government area of Mosman identified on any map specified in Schedule 5.

(2) The general land exemptions set out in clause 1.17A and subclauses (3) and (4) apply to complying development specified for the following codes:

(a) the General Housing Code,

(b) the Rural Housing Code,

(c) the Housing Alterations Code,

(d) the General Development Code,

(e) the General Commercial and Industrial Code,

(f) the Subdivisions Code,

(g) the Demolition Code.

(3) To be complying development, the development must not be carried out on land that comprises, or on which there is, a draft heritage item.

(4) If only a part of a lot is land to which this clause applies, complying development must not be carried out on any part of that lot.

(5) Despite subclause (4), if land is part of a lot to which the Rural Housing Code applies, complying development may be carried out on the part of the lot to which this clause does not apply.

(6) Specific land exemptions for General Housing Code and Rural Housing Code To be complying development specified for the General Housing Code or the Rural Housing Code, the development must not be carried out on:

(a) land within a heritage conservation area or a draft heritage conservation area, unless the development is a detached outbuilding or swimming pool, or

(b) land that is reserved for a public purpose in an environmental planning instrument, or

(c) land identified on an Acid Sulfate Soils Map as being Class 1 or Class 2, or

(d) land that is subject to a biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995 or a property vegetation plan under the Native Vegetation Act 2003 , or

(e) excluded land identified by an environmental planning instrument, or

(f) land in a foreshore area, or

(g) land that is in the 25 ANEF contour or a higher ANEF contour, unless the development is only for the erection of ancillary development, the alteration of or an addition to ancillary development or the alteration of a dwelling house, or

(h) unsewered land:

(i) to which State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 applies, or

(ii) in any other drinking water catchment identified in any other environmental planning instrument, or

(i) land that is declared to be a special area under the Sydney Water Catchment Management Act 1998 .

(7) Specific land exemptions for Housing Alterations Code and General Development Code To be complying development specified for the Housing Alterations Code and General Development Code, the development must not be carried out on unsewered land:

(a) to which State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 applies, or

(b) in any other drinking water catchment identified in any other environmental planning instrument.