New South Wales Consolidated Regulations

SYDNEY REGIONAL ENVIRONMENTAL PLAN NO 28--PARRAMATTA - REG 59

59 What is exempt development?

(1) Development listed in Schedule 3 is exempt development, except as provided by subclauses (2) and (3).

(2) Development is exempt development only if:

(a) it does not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, dust, waste water, waste products, grit or oil or otherwise, and

(b) it complies with the deemed-to-satisfy provisions of the Building Code of Australia , and

(c) it complies with any relevant standards set for the development by this Plan and by any development control plan adopted for the purposes of this Plan, and

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

(e) it does not obstruct drainage of the site on which it is carried out, and

(f) it does not restrict any vehicular or pedestrian access to or from the site, and

(g) 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

(h) it does not require a tree to be removed,

(i) it is carried out behind the building line, where it is carried out in a heritage conservation area.

(3) Development is not exempt development if it is carried out on land that:

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

(b) is within the Regional Park zone, or

(c) is land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes, or

(d) is identified as a heritage item by this Plan, or

(e) is within that part of flood liable land that is affected by the 100 year Average Recurrence Interval (ARI) flood.