New South Wales Consolidated Regulations

YARROWLUMLA LOCAL ENVIRONMENTAL PLAN 2002 - REG 14

14 What is complying development?

(1) Subject to section 76A (6) of the Act, development listed in Part 1 of Schedule 5 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,

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 achieve the outcomes listed for the development in Part 2 of Schedule 5, and

(c) it complies with any development standards set for the development in this plan, and

(d) it is consistent with any plan of management approved under State Environmental Planning Policy No 44-Koala Habitat Protection , 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

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

(f) a certificate of compliance has been obtained for the development, if required, from the local water supply and sewer authority.

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

(a) is floodplain land or within the "flood planning area" as defined in clause 39, or

(b) is identified on a map held at the Council’s office as bush fire prone, or contaminated land, or land subject to subsidence, slip or erosion, or

(c) is a site that has previously been used as a service station or a sheep or cattle dip, 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

(d) is an Aboriginal place within the meaning of the National Parks and Wildlife Act 1974 or an Aboriginal relic recorded by the Council, or is dedicated or reserved under that Act, or

(e) is the site or is adjacent to the site of a heritage item identified in Schedule 7, or

(f) is located within Zone No 7 (e), or

(g) 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

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

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

(j) is protected land within the meaning of the Rivers and Foreshores Improvement Act 1948 .

(4) A complying development certificate issued for any such development is to be subject to the conditions for the development specified in Part 3 of Schedule 5.

(5) A permit or a development consent is not required by any environmental planning instrument to remove an exotic tree under 4 metres high if the carrying out of the development allowed to be carried out by a complying development certificate necessitates the removal of the tree.

(6) This clause does not apply to land to which clause 14A applies.