General requirements for complying development
3.18 General requirements for complying development
This section applies to any development that this Chapter provides is complying development.
To be complying development, the development must—
meet the general requirements for complying development set out in clause 1.17A of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, and
not be exempt development under this Chapter, and
be permissible, with development consent, under an environmental planning instrument applying to the land on which the development is carried out, and
meet the relevant provisions of the Building Code of Australia, and
not involve clearing vegetation with the meaning of State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2, unless the clearing is authorised by and done in accordance with that policy, and
not be carried out within 1 metre of any public sewer, if the development comprises the erection of a building, except with the written approval of the authority that has management or control of that sewer, and
if it is on land that is—
within or above a rail corridor or interim rail corridor, or
within 25 metres (measured horizontally) of a rail corridor or interim rail corridor, or
within 25 metres (measured horizontally) of the ground directly above an underground rail corridor or an underground interim rail corridor,
not involve excavation to a depth greater than 2 metres below ground level (existing) on the land, and
if it is on land that is in or immediately adjacent to a rail corridor, must not involve the use of a crane in the air space above any rail corridor.
Note.
A service approval is required to operate an early education and care facility that is an education and care service to which the Children (Education and Care Services) National Law (NSW) applies or a State regulated education and care service to which the Children (Education and Care Services) Supplementary Provisions Act 2011 applies. Approved services are subject to various operational requirements under that legislation, including requirements for the physical environment of the approved service.
To be complying development, the development must not be carried out on—
land that is reserved for a public purpose in an environmental planning instrument, or
land identified on an Acid Sulfate Soils Map as being Class 1 or Class 2, or
land that is significantly contaminated land within the meaning of the Contaminated Land Management Act 1997, or
land that is subject to a biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995 or a property vegetation plan approved under the Native Vegetation Act 2003, or
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, or
land that is 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, or
land in a foreshore area, or
unsewered land—
in the Sydney Drinking Water Catchment under State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 6, or
in any other drinking water catchment identified in any other environmental planning instrument.
Development referred to in State Environmental Planning Policy (Planning Systems) 2021, Schedule 1, section 15(2) is not complying development under this Chapter.
Note 1.
Accordingly, State Environmental Planning Policy (Planning Systems) 2021, section 2.8 does not apply in relation to that development.
Note 2.
State Environmental Planning Policy (Planning Systems) 2021, Schedule 1, section 15(2) declares to be State significant development, development that has an estimated development cost of more than $50 million for the purposes of the erection of a building, or alterations or additions to an existing building, at an existing school.
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