New South Wales Consolidated Regulations

WINGECARRIBEE LOCAL ENVIRONMENTAL PLAN 1989 - REG 6B

6B What is complying development?

(1) Complying development is development listed in Schedule 8 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 integrated development, as defined in section 91 of the Act, and

(c) it is not an existing use, as defined in section 106 of the Act,

except as provided by subclauses (2) and (3).

(2) Development is complying development only if:

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

(b) it will comply with the requirements and achieve the outcomes listed under the heading “Development standards” in Schedule 8 for the development, and

(c) it complies with the relevant development standards 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 is located behind the primary and secondary building line as defined in Development Control Plan No 44 (Requirements for the Erection of Buildings) adopted by the Council on 8 December 1999, and

(e) any new building, structure or work is located no closer than 1 metre from each adjoining property boundary, except where otherwise provided by this plan, and

(f) any new building, structure or work does not incorporate the use of highly reflective materials or colours, and

(g) 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 or the Fisheries Management Act 1994 , that apply to the land, and

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

(i) approval for water, stormwater and sewerage services including on-site effluent disposal and connection to off-site services has been obtained from the Council, if required, and

(j) approval to locate within 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) of a public sewer main has been obtained from the Council, if required, and

(k) approval to locate development over an easement has been obtained from the Council or relevant authority, if required, and

(l) approval for a footpath crossing has been obtained from the Council, if required, and

(m) approval to breach a covenant to which the Council is a beneficiary, has been obtained from the Council, if required, and

(n) it does not involve any prefabricated, moveable or resited building.

Section 76A (6) of the Act says that the following development cannot be complying development:

(a) State significant development,

(b) designated development,

(c) any development, if consent for it requires the concurrence of a person (other than the consent authority or the Director-General of the National Parks and Wildlife as referred to in section 79B (3) of the Act).

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

(a) is identified by the Council as contaminated or potentially contaminated land, or

(b) is a site that has been previously used as a service station or a sheep or cattle dip or for the storage of oil and fuel products, 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 the Council in accordance with State Environmental Planning Policy No 55-Remediation of Land , or

(c) is identified by the Council as unhealthy building land, or

(d) is determined to be potentially affected by inundation by flooding in accordance with subclause 4, or

(e) is determined to be likely to be subject to geotechnical instability in accordance with subclause 5, or

(f) is determined to be subject to a medium, high or extreme bushfire risk within the meaning of the Building Code of Australia , or

(g) is not serviced by a formed all-weather road constructed to the standard required in Development Control Plan No 44 (Requirements for the Erection of Buildings) Appendix 5 “Policy for the Upgrade of Unformed Roads” adopted by the Council on 8 December 1999, or

(h) is located within a water or sewer reticulation area or an area proposed by the Council for use as such, but has not been serviced by a reticulation system up to the boundary of the land, or

(i) is not serviced by a reticulated sewerage scheme, or is unsewered land within the hydrological catchment, or

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

(k) is an item of environmental heritage as listed in an environmental planning instrument, or

(l) shares a common boundary with an item of environmental heritage as listed in an environmental planning instrument, or

(m) is within a Heritage Conservation Area identified in this plan or any other environmental planning instrument, or 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

(n) 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

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

(p) is State protected land within the meaning of the Native Vegetation Conservation Act 1997 , or

(q) is within 40 metres of the top bank of a water course, or

(r) is within an Environmental Protection Zone or is reserved for acquisition by a public authority as identified in an environmental planning instrument, or

(s) is within a proclaimed Mine Subsidence District.

Section 76A (6) of the Act says that development cannot be complying development on land that:

(a) is critical habitat (within the meaning of the Threatened Species Conservation Act 1995 ), or

(b) is within a wilderness area (within the meaning of the Wilderness Act 1987 ), or

(c) comprises, or on which there is, an item of the environmental heritage to which an order under the Heritage Act 1977 applies or that is identified as such an item in an environmental planning instrument, or

(d) is identified as an environmentally sensitive area in the environmental planning instrument that makes provision for the complying development.

A complying development certificate issued for any such development is subject to the conditions for the development prescribed by the Environmental Planning and Assessment Regulation 1994 .

(4) In determining whether land is potentially affected by inundation by flooding pursuant to subclause (3) (d) an assessment must be made of whether the land:

(a) has been identified by information, data and reports held by the Council as being likely to be subject to flood inundation, and

(b) is partly or wholly located within the banks of a watercourse, and

(c) is partly or wholly located within a floodplain, and

(d) is wholly or partly within 3 metres elevation of the bed of a watercourse, and

(e) has a written or oral history of being subject to flood inundation, and

(f) shows any evidence of previous flood inundation.

(5) In determining whether land is likely to be subject to geotechnical instability pursuant to subclause (3) (e), an assessment must be made of whether the land:

(a) has been identified by information, data and reports held by the Council as being likely to be subject to geotechnical instability, and

(b) has a slope in excess of 15 degrees from the horizontal, and

(c) exhibits shrink/swell characteristics, and

(d) exhibits evidence of previous mass surface movement including but not limited to hummocking of top soil, trees showing trunks leaning in a downhill direction, and man made structures leaning in a downhill direction, and

(e) demonstrates or has a history of waterlogged soils, and

(f) contains or is affected by a spring, and

(g) exhibits soil profiles with a high clay content, and

(h) contains fill of a depth in excess of 300 millimetres, and

(i) has a written or oral history of instability or shrink/swell conditions.

(6) A complying development certificate issued for any such development is to be subject to the conditions for the development specified in Development Control Plan No 44 (Requirements for the Erection of Buildings) adopted by the Council on 8 December 1999.