New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 3.1)
Note 1 : State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2 : Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners' property rights and the common law still apply.
(1) For the purpose of clause 3.1(2) of this Plan the standards in the following apply to all types of development referred to in this Schedule.
(2) To be exempt development, the development specified in this Schedule must meet the following standards in addition to the standards particularly specified for that development--(a) must not restrict any required vehicular or pedestrian access from a site,(b) must not involve a change to an existing, or the installation of, effluent disposal system or sewer connection, (unless approval from the consent authority has been granted to the modification or installation),(c) must not be on land that is identified or recorded in a contaminated land register, map or other Council record as being contaminated, unless a notice of completion of remediation work for the proposed use has been approved by the consent authority in accordance with State Environmental Planning Policy No 55--Remediation of Land ,(d) must not be on land that is or has been used by a potentially contaminating activity,(e) must not be ancillary to a work or structure not lawfully commenced or erected,(f) must not reduce the structural integrity of any building,(g) if the development is within the zone of influence of a sewer or water pipe, must be constructed in accordance with Byron Council Policy (Building over Pipelines and other Underground Structures), as amended 8 October 2009.
(1) Must contain only 1 bedroom for guests.
(2) Must not provide accommodation to more than 2 guests at a time.
(3) Must offer breakfast to guests.
(4) Must provide parking to guests on the site.
Note : Section 100B(3) of the Rural Fires Act 1997 requires a person to obtain a bush fire safety authority under that Act before developing bush fire prone land for a special fire protection purpose such as tourist accommodation (including bed and breakfast accommodation).
(1) Must be on land in Zone RU1 Primary Production or Zone RU2 Rural Landscape only.
(2) Must not be more than 4 deceased persons buried on the land.
(3) Must also have an approval for the burial from the Council in accordance with Council Policy 5.3 Burials on Private Property, reviewed 24 September 1996.
Note : Must comply with Part 8 of the Public Health Regulation 2012 and the relevant guidelines issued by the Department of Health.
(1) Must be in Zone RU5 Village or Zone B2 Local Centre.
(2) Must be in conjunction with an existing shop for which consent has been granted.
(3) Area to be used must be subject to a current approval under the Roads Act 1993 .
(4) Area must be immediately adjoining the shop front and must not obstruct access to that or to adjacent shop.
Must be in accordance with an approval issued under section 125 of the Roads Act 1993 .
(1) Must take place within the garage and the curtilage of a dwelling.
(2) Must be the sale of personal items by permanent residents of the dwelling only.
(3) Must not be for more than 48 hours duration.
(4) Maximum--2 per year.
(5) A sign advertising the sale up to 1m 2 in size may be erected on the site on the day of the sale. Any such sign must not be attached to a tree.
(1) Must be in Zone RU1 Primary Production or Zone RU2 Rural Landscape.
(2) Must not be located within 20m of a watercourse.
(1) Must be in a rural zone (other than Zone RU5 Village).
(2) Must not operate for more than 2 weeks in any 12-month period on any one property.
(1) Light spill must be confined to the source property.
(2) Must not be a danger to traffic.
(1) Must be of a building situated in Zone RU5 Village, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone B1 Neighbourhood Centre, Zone B2 Local Centre, Zone B4 Mixed Use, Zone B7 Business Park, Zone IN1 General Industrial or Zone IN2 Light Industrial.
(2) Must not be the strata subdivision of a boarding house.
(3) Must not be a development lot under the Strata Schemes (Freehold Development) Act 1973 .
(4) Must not be development that requires a Bushfire Safety Authority under section 100B of the Rural Fires Act 1997 .
(1) Must be on land in Zone RU1 Primary Production, Zone RU2 Rural Landscape or Zone R5 Large Lot Residential.
(2) Must not be located on land that has a slope greater than 18 degrees.
(3) Must not be located within 40m of a waterway.
(4) Must not be located on land affected by acid sulfate soils (class 1, 2 or 3) as mapped on the Acid Sulfate Soils Map .