New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY NO 60--EXEMPT AND COMPLYING DEVELOPMENT - REG 9

9 What development is complying development?

(1) Development:

(a) specified in Schedule 4 that is carried out in metropolitan Sydney in compliance with the development standards listed in that Schedule in respect of the development and that complies with the requirements of this clause, or

(b) specified in Schedule 5 that is carried out in regional NSW in compliance with the development standards listed in that Schedule in respect of the development and that complies with the requirements of this clause,

is complying development for the purposes of this Policy.

(2) To be complying development, the development must:

(a) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia , and

(b) be more than 1 metre from any easement or public sewer main, or comply with any requirements specified by the appropriate sewer authority for building over sewers, and

(c) have an approval (if required by the Local Government Act 1993 ) from the council for an on-site effluent disposal system if the development is undertaken on unsewered land.

(3) Complying development cannot be carried out on:

(a) land within a heritage conservation area that is identified as such in an environmental planning instrument applying to the land, or

(b) a site that has at any time previously been used:

(i) as a service station, or

(ii) as a sheep or cattle dip, or

(iii) for intensive agriculture, or

(iv) for mining (but not underground mining) or an extractive industry, or

(v) for waste storage or waste treatment, or

(vi) for the manufacture of chemicals, asbestos, or asbestos products, or

(c) land identified:

(i) by the consent authority on a map held in the consent authority’s offices, or

(ii) in an environmental planning instrument, or

(iii) in a development control plan,

as an environmentally sensitive area for complying development, or

(d) land:

(i) in regional NSW that is within 40 metres of a perennial watercourse identified by a 1:50,000 topographic map held by the Land Information Centre, or

(ii) that is an Aboriginal Place identified by the National Parks and Wildlife Act 1974 or contains an Aboriginal relic, or

(iii) that is reserved or dedicated under the National Parks and Wildlife Act 1974 , or

(iv) that is a State Forest dedicated under the Forestry Act 1916 , or

(v) the surface of which generally has a slope greater than 18 degrees from the horizontal, or

(vi) that is mapped as wetland by State Environmental Planning Policy No 14-Coastal Wetlands , or

(vii) that is mapped as rainforest by State Environmental Planning Policy No 26-Littoral Rainforests , or

(viii) that is unsewered land to which Drinking Water Catchments Regional Environmental Plan No 1 applies, or

(e) land:

(i) to which an environmental planning instrument applies that requires an acid sulphate soil management plan to be considered before consent can be granted to the development, or

(ii) identified as Class 1-4 on acid sulphate soils planning maps (prepared by the Department of Land and Water Conservation and held by the consent authority) and for which there is no provision in an environmental planning instrument applying to the land that requires an acid sulphate soils management plan to be prepared.