New South Wales Repealed Regulations

This legislation has been repealed.

NEWCASTLE CITY CENTRE LOCAL ENVIRONMENTAL PLAN 2008 - REG 19

19 Complying development

Note: Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.
The section states that development cannot be complying development if:

(a) it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994 ), or

(b) it is on land within a wilderness area (identified under the Wilderness Act 1987 ), or

(c) the development is designated development, or

(d) the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or in Part 1 of Schedule 5 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977 ), or

(e) the development requires concurrence (except a concurrence of the Director-General of the Department of Environment and Climate Change in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995 )), or

(f) the development is on land identified as an environmentally sensitive area.

(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 development, and

(b) the requirements of this Part,

is complying development.

(3) To be complying development, the development must:

(a) be permissible, with 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.

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