New South Wales Consolidated Regulations

WARRINGAH LOCAL ENVIRONMENTAL PLAN 2000 - REG 27

27 When is category B remediation work ancillary to other development?

(1) A remediation work that would of itself be a category B remediation work but which is ancillary to designated development that requires development consent may, as an applicant chooses:

(a) be made part of the subject of the development application for the designated development instead of being made the subject of a separate development application, or

(b) be treated as a category B remediation work.

(2) However, a category A remediation work must be treated as such even if it is ancillary to development that may be carried out without consent.

(3) A remediation work that would of itself be a category A remediation work and constitute designated development does not, just because it is ancillary to other development:

(a) render the other development designated development, or

(b) cause that other development to become development for which development consent is required.