New South Wales Consolidated Regulations

WINGECARRIBEE LOCAL ENVIRONMENTAL PLAN 1989 - REG 6A

6A What is exempt development?

(1) Exempt development is development listed in Schedule 7, 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 or natural environment because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, and

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

(c) it complies with any relevant standards and other requirements set for the development by this plan and by Development Control Plan No 44 (Requirements for the Erection of Buildings) adopted by the Council on 8 December 1999 and any other environmental planning instrument applying to the land on which it is proposed to be carried out, and

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

(e) it does not result in the reduction of Council approved car parking on site, and

(f) it does not require any exotic tree above 3 metres high, or any native tree, shrub or heath, or natural landscape features such as rock faces, scattered rocks and the like, to be removed, and

(g) it incorporates materials and colours, used in any construction, that are non-reflective, and

(h) it is located behind the primary and secondary building line applying to the land as described in Development Control Plan No 44 (Requirements for the Erection of Buildings) adopted by the Council on 8 December 1999, except if the development is a fence, and

(i) any new building, structure or work is located no closer than 1 metre from each adjoining property boundary (except if the development is a fence) or as otherwise provided by this plan, and

(j) any stormwater arising from any building, structure or work is disposed of in such a manner as not to have any adverse or nuisance impact on any adjoining land, and in the case of any building or structure with a roof or involved with the interception of water, such building or structure is provided with appropriate water collection and disposal devices that are connected either to a water tank or to an existing approved stormwater system, and

(k) it is carried out at least 1 metre from any easement or public sewer or water main and is located outside of the area of influence (as defined in Development Control Plan No 44 (Requirements for the Erection of Buildings) adopted by the Council on 8 December 1999, and

(l) no building or structure occupies land designated for use or used for on-site effluent disposal including absorption trenches, transpiration beds or irrigation areas, and

(m) it does not involve the provision of additional bath, shower, kitchen water closet or laundry facilities, and

(n) no more than 40 percent of the total area of the land is occupied by buildings, and

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

(p) it is consistent with any plan of management approved under State Environmental Planning Policy No 44-Koala Habitat and with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 that apply to the land.

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

(a) is the site of an item of environmental heritage, or

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

(c) is within a Heritage Conservation Area, or

(d) is within the Berrima Visual Catchment Area as described by Development Control Plan No 14 (Historic Berrima) adopted by the Council on 18 September 1989, or

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

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

(g) has been identified by the Council as a contaminated or potentially contaminated site within the meaning of State Environmental Planning Policy No 55-Remediation of Land , or

(h) has been previously used as a service station or for the storage of oils or fuel substances, a sheep or cattle dip, for intensive agriculture, mining or extractive industry, waste storage or waste treatment, or for the manufacture of chemicals, asbestos or asbestos products, and a notice of completion of remediation work for the proposed use has not been given to Wingecarribee Shire Council in accordance with State Environmental Planning Policy No 55-Remediation of Land , or

(i) has been identified by the Council as being unhealthy building land, or

(j) is within 40 metres of the top bank of a watercourse located in a Rural or Special Uses (Water Catchment) Zone, but not if the development is a fence, minor building maintenance or alterations, or home occupation, or

(k) is within an Environmental Protection Zone, or

(l) is within a proclaimed Mine Subsidence District, or

(m) is State protected land within the meaning of the Native Vegetation Conservation Act 1997 .

Section 76 of the Act says that exempt development cannot be carried out on land that is:

(a) critical habitat (within the meaning of the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994 ), or

(b) within a wilderness area (within the meaning of the Wilderness Act 1987 ).