New South Wales Consolidated Regulations

WARRINGAH LOCAL ENVIRONMENTAL PLAN 2000 - REG 14A

14A How is existing Category One or Category Two development dealt with?

(1) In this clause:
"existing Category One development":

(a) means development that:

(i) is classified as Category One, and

(ii) was being lawfully carried out when this plan came into force, and

(iii) has continued (without abandonment) since this plan came into force and is continuing at the time a development application is lodged, and

(b) includes development to which paragraph (a) applies that has been changed in accordance with a development consent granted pursuant to this clause.

"existing Category Two development":

(a) means development that:

(i) is classified as Category Two, and

(ii) was being lawfully carried out when this plan came into force, and

(iii) has continued (without abandonment) since this plan came into force and is continuing at the time a development application is lodged, and

(b) includes development to which paragraph (a) applies that has been changed in accordance with a development consent granted pursuant to this clause.

(2) This clause applies to development that involves:

(a) alterations or additions to a building the use of which is existing Category One development or existing Category Two development, or

(b) the expansion or intensification of existing Category One development or existing Category Two development, or

(c) the rebuilding of a building the use of which is existing Category One development or existing Category Two development, or

(d) any combination of paragraph (a), (b) or (c).

(3) This clause does not apply to development that involves a change of use of a building the use of which is existing Category One development or existing Category Two development.

(4) Despite clauses 12 (2) (b) and (3) and 20 (1) and (3), the consent authority may consent to the carrying out of development to which this clause applies, but only if the consent authority is satisfied that the development:

(a) is of minor environmental impact, and

(b) does not, to any significant extent, alter the bulk, size or scale of any existing building or existing land use, and

(c) results in an improvement to the existing character of the locality in which it occurs, and

(d) is confined to the current lot (or lots) on which the existing Category One development or existing Category Two development is being carried out.