New South Wales Consolidated Regulations

WILLOUGHBY LOCAL ENVIRONMENTAL PLAN 1995 - REG 13AA

13AA What is exempt and complying development?

In this Plan:
"complying development" means development that may be carried out with development consent, in the form of a complying development certificate, obtained from either Council or an Accredited Certifier. Development is only complying development if it is specified as being permissible within subclause (2) (b) of the development control table for the zone or is ancillary to an existing legal use and will be contained wholly within the property. It must also comply with the criteria and development standards specified in Schedule 5 to the Willoughby DCP.
"exempt development" means development of a minor nature that may be carried out without the need for a complying development certificate or development consent. Development is only exempt development if it is specified as being permissible within subclause (2) (b) of the landuse table for the zone or is ancillary to an existing legal use and will be contained wholly within the property. It must also comply with the criteria and development standards specified in Schedule 4 to the Willoughby DCP.

(1) Development of minimal environmental impact listed as exempt development in Schedule 4 to the Willoughby DCP, is exempt development, despite any other provision of this plan.

(2) Development listed as complying development in Schedule 5 to the Willoughby DCP, is complying development 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 an existing use, as defined in section 106 of the Act.

(3) Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Schedule 4 or 5 to the Willoughby DCP.