New South Wales Repealed Regulations

This legislation has been repealed.

SUTHERLAND SHIRE LOCAL ENVIRONMENTAL PLAN 2000 - REG 18

18 What is complying development?

(1) Development listed in Schedule 5 is complying development, subject to subclauses (2) and (3).

(2) Development is complying development only if:

(a) the development is in accordance with the specified predetermined development standards and other requirements identified for that development in Schedule 5, and

(b) the proposed development does not involve a building or a site in or on which an existing use, as defined in section 106 of the Environmental Planning and Assessment Act 1979 , is being carried out, and

(c) it is consistent with any plan of management approved under State Environmental Planning Policy No 44--Koala Habitat Protection , and with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 that may apply to the land, and

(d) it does not contravene any condition of a development consent applying to the land, and

(e) the development complies with the deemed-to-satisfy provisions of the Building Code of Australia ("BCA") and the standards currently prescribed in the Environmental Planning and Assessment Regulation 2000 , and

(f) the development does not result in a landscape area less than or floorspace ratio greater than permitted by this plan, and

(g) the development does not restrict any vehicular or pedestrian access to or from the site or reduce the number of car spaces on the site below the minimum required by the Council, and

(h) the development will not result in removal, pruning or lopping of trees or bushland vegetation which would require the consent or permission of the Council to remove, prune or lop under the Council's tree and bushland vegetation preservation order, and

(i) the development is not carried out within the zone of influence of or over an existing or proposed easement or public sewer main or, if over a sewer main, the proposal complies with the "building over sewer" requirements of Sydney Water Corporation Limited applying to the land, and

(j) the development will not result in the redirection of surface storm water or run off onto adjoining private property.

(3) Development is not complying development if it is carried out on land that:

(a) is identified by the Council as being:

(i) within a bushfire interface area, or

(ii) subject to flooding, tidal inundation, subsidence or land slip, or

(iii) contaminated land, or

(b) is listed as, or contains an item listed as, a heritage item in this plan or is on land that abuts a heritage item, or

(b1) abuts land that is listed as, or contains an item listed as, a heritage item in Schedule 2 that is not:

(i) an item of landscape significance (being an item listed in Schedule 2 with an identifier containing the letter "L" corresponding to the item), or

(ii) an item of archaeological significance (being an item listed in Schedule 2 with an identifier containing the letter "A" corresponding to the item),

(c) is an Aboriginal place under the National Parks and Wildlife Act 1974 , or

(d) is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or

(e) is identified on any of the maps marked " Sutherland Shire Local Environmental Plan 2000--Acid Sulfate Soils Planning Maps " and the Council has not approved an Acid Sulfate Soils Management Plan for the proposed development, or

(f) is a location of an endangered ecological community or critical habitat as identified in the Threatened Species Conservation Act 1995 , or

(g) is within the 1 (a) Rural zone, or

(h) is within the 1 (b) Rural (Future Urban) zone, or

(i) is within the 6 (a) Public Recreation zone, or

(j) is within the 7 (a) Environmental Protection (Waterways) zone, or

(k) is within the 7 (b) Environmental Protection (Bushland) zone, or

(l) is within the 7 (c) Environmental Protection (Water Catchment) zone, or

(m) is within the 8 (a) National Parks, Nature Reserves and State Recreation Areas zone, or

(n) has previously been used as a service station, for intensive agriculture, mining or extractive industry, for waste storage or waste treatment, or for the manufacture of chemicals, asbestos or asbestos products and a notice of completion of remediation work for the proposed use has not been given to the Council in accordance with State Environmental Planning Policy No 55--Remediation of Land , or

(o) is affected by a foreshore building line, except in Sylvania Waters, or

(p) is within 40m of a waterbody, as defined in this plan, where the development requires any excavation, or

(q) is adjacent to an arterial road or arterial road reservation where the development proposes a new, or alters an existing, vehicular accessway to that road or reservation.

(4) A complying development certificate issued for any such development is to be subject to the conditions for the development specified in any applying development control plan adopted by the Council, as in force when the certificate is issued.