New South Wales Consolidated Regulations

SUTHERLAND SHIRE LOCAL ENVIRONMENTAL PLAN 2006 - REG 13

13 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 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 Parts 1 and 2 of Schedule 3 that is carried out in compliance with--

(a) the development standards and other requirements specified in relation to that development, and

(b) the requirements of this Part,

is complying development.

(3) Without limiting subclause (2), a standard specified in Schedule 3 may specify that development must not be carried out on land specified in relation to that development, or may be carried out on such land only if the development complies with the specified standards.

Note--: The land that may be specified in relation to development includes
"acid sulfate soils land" ,
"bush fire interface property" ,
"bush fire prone land" ,
"contaminated risk land" ,
"flood planning land" ,
"foreshore land" and
"heritage item land" . These terms are defined in the Dictionary.

(4) 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.

(5) To be complying development, the development specified in Part 1 of Schedule 3 must be carried out on land in any of the following zones--

(a) Zone 1--Environmental Housing (Environmentally Sensitive Land),

(b) Zone 2--Environmental Housing (Scenic Quality),

(c) Zone 3--Environmental Housing (Bushland),

(d) Zone 4--Local Housing,

(e) Zone 12--Special Uses,

(f) Zone 13--Public Open Space (if it is land held by a public authority),

(g) Zone 15--Private Recreation.

(6) To be complying development, the development specified in Part 2 of Schedule 3 must be carried out on land in any of the following zones--

(a) Zone 5--Multiple Dwelling A,

(b) Zone 6--Multiple Dwelling B,

(c) Zone 8--Urban Centre,

(d) Zone 9--Local Centre,

(e) Zone 10--Neighbourhood Centre,

(f) Zone 11--Employment,

(g) Zone 21--Railway.

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

Note--: Complying development must not contravene any existing development consent applying to the land.