New South Wales Consolidated Regulations

YARROWLUMLA LOCAL ENVIRONMENTAL PLAN 1993 - REG 6B

6B Complying development

(1) The following development is complying development if it can be carried out with the Council’s consent on the land on which it is proposed by virtue of clause 10:

(a) the erection of dwelling-house alterations and additions which are single storey and occur at ground level on land in Zone No 1 (a) or 1 (d), and

(b) the erection or construction and use of barbecues and associated works (unroofed), cabanas, cubby houses, decks, fern houses, garages, gazebos, greenhouses, patios, pergolas, private playground equipment, swimming pools and workshops ancillary to dwelling-houses in Zone No 1 (a) or 1 (d), and

(c) use of an existing dwelling-house for which development consent or building approval was granted for a bed-and-breakfast establishment.

(2) Development referred to in subclause (1) is complying development only if:

(a) it meets the applicable requirements specified in Tables 7 to 9 of Development Control Plan No 49 Exempt and Complying Development as adopted by the Council on 19 September 2001, applying to the development, and

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

(c) it does not include the exhibition or sale of material (whether literature, video, film, goods or articles) used or intended for use in connection with sexual behaviour and classified or refused classification under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, or the exhibition of objects primarily concerned with sexual behaviour, and

(d) it is not development which:

(i) is carried out on a site or which is a heritage item or is within the 20-25 ANEF contour and habitable or capable of habitation for residential purposes, or is on flood liable land, or

(ii) is carried out on a site previously used for intensive agriculture, mining or extractive industry or as a sheep or cattle dip or for the manufacture of chemicals or which is contaminated, or

(iii) is carried out on a site identified as an Aboriginal place under the National Parks and Wildlife Act 1974 , or

(iv) is carried out on a site 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

(v) is carried out on a site which is critical habitat, or contains threatened species, populations, endangered ecological communities or their habitats within the meaning of the Threatened Species Conservation Act 1995 , or

(vi) is carried out on a site which immediately adjoins and will drain into land which is critical habitat, or contains threatened species, populations, endangered ecological communities or their habitats within the meaning of the Threatened Species Conservation Act 1995 , or

(vii) is inconsistent with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 that applies to the site, or

(viii) is carried out on a site in Zone No 7 (e) or which immediately adjoins and will drain into land in Zone No 7 (e), or

(ix) is an existing use, as defined in section 106 of the Environmental Planning and Assessment Act 1979 , or

(x) conflicts with the provisions in favour of the Council of any section 88 instrument or registered covenant pursuant to The Conveyancing Act 1919 and applying to the site, or

(xi) contravenes a condition of a current development consent apply to the site, or

(xii) involves a change of classification under the Building Code of Australia of any building or part of any building on the site, or

(xiii) adversely affects:

(A) natural light, solar access to or ventilation of any existing habitable building, or

(B) the drainage of the site or an adjoining site, or

(C) vehicular or pedestrian access to or from the site, or

(e) in the case where carrying out the development involves the doing of anything referred to in Section 78A (3) of the Environmental Planning and Assessment Act 1979 for which approval is required or in the removal of a tree or native vegetation for which an approval or consent is required, that approval or consent has been obtained.

(3) A complying development certificate must include those conditions specified in Development Control Plan No 49 Exempt and Complying Development , as in force when the certificate is issued, that are applicable to the particular type of development for which the certificate is sought.