Complying development
2.176 Complying development
Development specified in Schedule 4A, Part 2 is complying development if—
the development complies with the requirements of this subdivision, and
the development complies with the development standards specified in Schedule 4A, Parts 2 and 3.
The development must not be carried out on the following land—
land within a special area within the meaning of the Water NSW Act 2014,
land that is reserved for a public purpose in an environmental planning instrument,
land identified on an Acid Sulfate Soils Map as “Class 1”,
land identified on an Acid Sulfate Soils Map as “Class 2”, unless a preliminary soil assessment of the land indicates that an acid sulfate soil management plan is not required,
if the development involves excavation deeper than 1m—land identified on an Acid Sulfate Soils Map as “Class 3” or “Class 4”, unless a preliminary soil assessment of the land indicates that an acid sulfate soil management plan is not required,
land that is significantly contaminated land within the meaning of the Contaminated Land Management Act 1997,
land subject to a property vegetation plan,
land subject to a private land conservation agreement under the Biodiversity Conservation Act 2016 or that is a set aside area under the Local Land Services Act 2013, section 60ZC,
land identified by an environmental planning instrument as being—
within a buffer area, or
within a river front area, or
within an ecologically sensitive area, or
environmentally sensitive land, or
within a protected area,
land identified by an environmental planning instrument, a development control plan or a policy adopted by the council as being or affected by—
a coastline hazard, or
a coastal hazard, or
a coastal erosion hazard,
land in a foreshore area.
The development may be carried out on bush fire prone land only if—
the development conforms to the specifications and requirements of Planning for Bush Fire Protection relevant to the development, and
there are no polymer sheathed flexible gas supply lines to gas meters adjacent to a dwelling on the land or on adjoining land.
A complying development certificate for development specified in Schedule 4A, Part 2 is subject to the conditions specified in Schedule 4A, Part 4.
In this section—
Acid Sulfate Soils Assessment Guidelines means the Acid Sulfate Soils Assessment Guidelines published by the NSW Acid Sulfate Soils Management Advisory Committee in August 1998.
preliminary soil assessment means an assessment prepared in accordance with—
the Acid Sulfate Soils Manual, and
the Acid Sulfate Soils Assessment Guidelines.
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