Complying development

Current

(1)

The objective of this clause is to identify development as complying development.

(2)

Development specified in Part 1 of Schedule 3 that is carried out in compliance with—

(a)

the development standards specified in relation to that development, and

(b)

the requirements of this Part,

is complying development.

Note.

See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.

(3)

To be complying development, the development must—

(a)

be permissible, with development consent, in the zone in which it is carried out, and

(b)

meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and

(c)

have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.

(3A)

To be complying development, the development must also—

(a)

be consistent with an approved koala plan of management, within the meaning of State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 4 that applies to the land, and

(b)

not be carried out on land subject to any easement for a public sewer main, and

(c)

be undertaken in accordance with any relevant Sydney Water requirements that relate to building over sewers, and

(d)

not require a tree to be removed, and

(e)

not be carried out on land that has been used for any one or more of the following purposes unless notice of completion of remediation work for the proposed use has been given to the Council in accordance with State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 4—

asbestos or asbestos products, extractive industries, intensive livestock agriculture, manufacturing of chemicals, mining, service stations, sheep or cattle dips, waste disposal land fill operations, waste management facilities, and

(f)

not be carried out on land—

(i)

that is within 40 metres of a waterway, or

(ii)

that is at or below the flood planning level, or

(iii)

that is bush fire prone land, or

(iv)

that is subject to subsidence, slip or erosion, or

(v)

that is in C2 Environmental Conservation or Zone C3 Environmental Management, or

(vi)

that is environmentally significant land, or

(vii)

that is a special area or outer catchment area within the meaning of the Water NSW Act 2014, or

(viii)

that is within 200 metres of a poultry farm.

(4)

A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.

(4A)

(Repealed)

(5)

A heading to an item in Schedule 3 is part of that Schedule.

(6)

In this section—

flood planning level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5m freeboard, or other freeboard as determined by an FRM plan, within the meaning of the Flood Risk Management Manual, adopted by the Council.

Flood Risk Management Manual—see clause 5.21(5).

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3.2 Complying development