State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 (2013-706) LW 20 December 2013 (NSW)
2013 No 706
| New South Wales |
State Environmental Planning Policy
(Exempt and Complying Development
Codes) Amendment (Commercial and
Industrial Development and Other Matters)
2013
under the
Environmental Planning and Assessment Act 1979
Her Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979.
BRAD HAZZARD, MP
Minister for Planning and Infrastructure
| Published LW 20 December 2013 | Page 1 |
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development |
| Clause 1 | Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
State Environmental Planning Policy (Exempt and
Complying Development Codes) Amendment (Commercial
and Industrial Development and Other Matters) 2013
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013.
2 Commencement
This Policy commences on 22 February 2014 and is required to be published on the NSW legislation website.
3 Repeal of certain other environmental planning instruments
The following environmental planning instruments are repealed:
| (a) | State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development, |
| (b) | State Environmental Planning Policy No 6—Number of Storeys in a Building, |
| (c) | State Environmental Planning Policy No 22—Shops and Commercial Premises, |
| (d) | State Environmental Planning Policy No 60—Exempt and Complying Development. |
4 Repeal of Policy
|
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
[1] Clause 1.3 Aims of Policy
| Omit “General Exempt Development Code” from clause 1.3 (b). Insert instead “exempt development codes”. |
[2] Clause 1.5 Interpretation—general
Insert in alphabetical order in clause 1.5 (1):
Advertising and Signage Exempt Development Code Disability Discrimination Act 1992 of the Commonwealth. protected tree means a tree that requires a separate permit or development consent for pruning or removal, but does not
means the
code for exempt development set out in Division 2 of Part 2.
Commercial and Industrial Alterations Code means the code for
complying development set out in Part 5.
Commercial and Industrial (New Buildings and Additions)
Code means the code for complying development set out in
Part 5A.
community event means a function or event open to the public or
a section of the public that is a ceremony, cultural celebration,
exhibition, fete, fair, gathering, market or sporting event.
corner lot means a lot that has 2 contiguous boundaries with a
road or roads that intersect at an angle of 135 degrees or less
(whether or not the lot has any other boundaries with a road).
development consent includes an approval under Part 3A of the
Act (before its repeal), and an approval under Part 5.1 of the Act.
dilapidation report means a report, prepared by a professional
engineer, confirming the structural condition of the adjoining
wall before any development commences.
Fire Safety Code means the code for complying development set
out in Part 8.
industry has the same meaning as in the Standard Instrument but
includes packaging industry.
packaging industry means a building or place used for the
handling, storage or packaging of any products for commercial
purposes.
Premises Standards means the Disability (Access to Premises—
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
include a tree that may be removed without development consent
under this Policy.
Temporary Uses and Structures Exempt Development Code
means the code for exempt development set out in Division 3 of
Part 2.
water utility means:
| (a) | a council or county council exercising water supply functions under Division 2 of Part 3 of Chapter 6 of the Local Government Act 1993, or |
| (b) | a water supply authority or major utility within the meaning of the Water Management Act 2000. |
working day means a day other than a Saturday, Sunday or public
holiday.
[3] Clause 1.5 (1) definition of “ancillary development”
Insert after paragraph (c):
| (c1) | basement, |
[4] Clause 1.5 (1), definition of “ancillary development”
Insert “hard stand space,” after “driveway,” in paragraph (e).
[5] Clause 1.5 (1), definition of “articulation zone”
Omit the definition. Insert instead:
articulation zone means an area of a lot forward of the building line within which building elements are permitted to be located, being an area measured from:
| (a) | one side boundary of the lot to the opposite side boundary of the lot, or |
| (b) | if the lot is a corner lot—the secondary road boundary of the lot to the boundary opposite the secondary road boundary. |
[6] Clause 1.5 (1)
Omit the definitions of building height (or height of building), building line, commercial premises, excluded land identified by an environmental planning instrument, General Commercial and Industrial Code and site coverage.
[7] Clause 1.5 (1), definition of “complying development code”
Omit paragraph (e). Insert instead:
| (e) | the Commercial and Industrial Alterations Code, |
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| (e1) | the Commercial and Industrial (New Buildings and Additions) Code, |
[8] Clause 1.5 (1), definition of “complying development code”
Insert after paragraph (g):
| (h) | the Fire Safety Code. |
[9] Clause 1.5 (1), definition of “exempt development code”
Omit the definition. Insert instead:
exempt development code means any of the following codes:
| (a) | the General Exempt Development Code, |
| (b) | the Advertising and Signage Exempt Development Code, |
| (c) | the Temporary Uses and Structures Exempt Development Code. |
[10] Clause 1.5 (1), definition of “flood control lot”
Insert “industrial buildings, commercial premises,” after “purposes of” where firstly occurring.
[11] Clause 1.5 (1), definition of “privacy screen”
| Omit the definition. Insert instead: privacy screen means: |
| (a) | a structure that provides a screen or visual barrier between a window of a habitable room or an outdoor area on a lot and an adjoining lot that: | |||
| ||||
| (b) | a window, the whole of which has translucent glass and is fixed and not able to be opened. |
[12] Clause 1.5 (3)
Omit the subclause.
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
[13] Clause 1.6 Interpretation—references to land use zones
Insert after clause 1.6 (1A):
| (1B) | Despite subclause (1) (b), in relation to land: | |||
| ||||
| a reference in this Policy to a lot or land in a named land use zone is a reference to a lot or land specified in such a zone in the last such draft environmental planning instrument that was the subject of such community consultation. | ||||
| (1C) | In subclause (1B), community consultation means community consultation under section 57 of the Act or public exhibition under section 66 of the Act (as continued on by clause 12 of the Environmental Planning and Assessment Regulation 2000). |
[14] Clause 1.6, table
Insert after the matter relating to RU5:
|
[15] Clause 1.6, table
Insert after the matter relating to IN4:
|
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| RE2 Private Recreation | Private recreational uses, open space and ancillary facilities appropriate for the natural environment |
| E1 National Parks and Nature Reserves | Authorised uses in national parks and nature reserves |
| E2 Environmental Conservation | Development that is suitable in areas of high ecological, scientific, cultural or aesthetic value that will not threaten or have an adverse effect on those values |
| E3 Environmental Management | Development, including low density housing, that is suitable in areas of high ecological, scientific, cultural or aesthetic value and that will not threaten or have an adverse effect on those values |
| E4 Environmental Living | Low-impact residential housing that is suitable for areas with special ecological, scientific or aesthetic values |
| W1 Natural Waterways | Development that is appropriate for the ecological and scenic value of natural waterways |
| W2 Recreational Waterways | Recreational development that is appropriate for the ecological, scenic and recreational value of recreational waterways |
| W3 Working Waterways | Maritime industrial development and associated facilities that are appropriate on working waterways |
[16] Clause 1.8 Relationship with other State environmental planning policies
Omit clause 1.8 (2). Insert instead:
| (2) | Despite subclause (1), in each of the following circumstances, State Environmental Planning Policy (Infrastructure) 2007 continues to apply and this Policy does not apply: | |||||
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| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
(Infrastructure) 2007 specifies the same development as
complying development,
| (d) | if this Policy specifies development as complying development and State Environmental Planning Policy (Infrastructure) 2007 specifies the same development as exempt development. |
[17] Clause 1.8 (4) and (5)
Omit clause 1.8 (4), (4A) and (5). Insert instead:
(4) If this Policy and State Environmental Planning Policy (Affordable Rental Housing) 2009 specify the same development as either exempt or complying development, this Policy does not apply to that development.
| (5) | If this Policy and State Environmental Planning Policy (Port Botany and Port Kembla) 2013 specify the same development as either exempt or complying development, this Policy does not apply to that development. |
[18] Clause 1.8 (7)
Insert after clause 1.8 (6) and before the note to the clause:
(7) If a provision of this clause provides for another State environmental planning policy to continue to apply to development, that development may be carried out under this Policy or under that other Policy.
[19] Clause 1.9 Relationship with local environmental plans and development control plans
Insert after clause 1.9 (6):
| (6A) | Subclause (6) not to apply in relation to land in Bathurst Regional |
| Despite subclause (6), if this Policy specifies development as complying development and Bathurst Regional (Interim) Local Environmental Plan 2005 specifies the same development as exempt development, this Policy does not apply to that development. |
[20] Clause 1.12 Variations to certain codes
| Omit “General Exempt Development Code is” from clause 1.12 (1). Insert instead “exempt development codes are”. |
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
[21] Clause 1.12 (2)
| Omit “General Housing Code, the Rural Housing Code and the General Commercial and Industrial Code”. |
Insert instead “complying development codes”.
[22] Clause 1.12 (3)
| Omit “General Exempt Development Code, the General Housing Code, the Rural Housing Code or the General Commercial and Industrial Code is”. |
Insert instead “exempt development codes or the complying development codes are”.
[23] Clause 1.13 Savings provisions
Insert at the end of the clause:
| (2) | A development application or an application for a complying development certificate that has been made but not finally determined before the commencement of State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 must be determined as if that Policy had not commenced. |
| (3) | Development that was commenced before the commencement of State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 and that was, immediately before that commencement, exempt development in accordance with an environmental planning instrument that was amended by that Policy may be continued as if that Policy had not commenced. |
[24] Clause 1.16 General requirements for exempt development
Omit clause 1.16 (1) (c) and (d). Insert instead:
| (c) | must not be carried out on land that is, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977, or that is subject to an interim heritage order under that Act. |
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
[25] Clause 1.16 (1A) and (1B)
Insert after clause 1.16 (1):
| (1A) | Despite subclause (1) (c), if development meets the requirements and standards specified by this Policy and that development: | |||
| ||||
| the development is exempt development under this Policy. | ||||
| (1B) | If an item listed on the State Heritage Register is not located on, or does not comprise, the whole of the relevant land, subclause (1) (c) applies only to the part of the land that is described and mapped on that register. | |||
| (1C) | If an item not listed on the State Heritage Register but identified as an item of environmental heritage in an environmental planning instrument does not comprise, or is not located on, the whole of the relevant land, any restriction on carrying out development on the relevant land on which the item is located applies only to the part of the land that is described and mapped on that instrument. |
[26] Clause 1.17A Requirements for complying development for all environmental planning instruments
Omit clause 1.17A (d) and (e). Insert instead:
| (d) | be carried out on land that: | |||
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| ||||
| (e) | except as otherwise provided by this Policy, be on land that is within an environmentally sensitive area. |
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
[27] Clause 1.17A (2) and (3)
Insert at the end of clause 1.17A:
| (2) | Despite subclause (1) (d), if development meets the requirements and standards specified by this Policy and that development: | |||
| ||||
| the development is complying development under this Policy. | ||||
| (3) | If an item listed on the State Heritage Register is not located on, or does not comprise, the whole of the relevant land, subclause (1) (d) applies only to the part of the land that is described and mapped on that register. | |||
| (4) | If an item not listed on the State Heritage Register but identified as an item of environmental heritage in an environmental planning instrument does not comprise, or is not located on, the whole of the relevant land, subclause (1) (d) applies only to the part of the land that is described and mapped on that instrument. |
[28] Clause 1.18 General requirements for complying development for this Policy
Omit clause 1.18 (1) (b). Insert instead:
| (b) | be permissible, with consent, under an environmental planning instrument applying to the land on which the development is carried out, and |
[29] Clause 1.18 (1) (c1)–(c3)
Insert after clause 1.18 (1) (c):
| (c1) | must not require an environment protection licence within the meaning of the Protection of the Environment Operations Act 1997, and |
| (c2) | must not be designated development, and |
| Note. Designated development is defined in section 77A of the Act as development that is declared to be designated development by an environmental planning instrument or the regulations. | |
| (c3) | not be carried out on land that comprises, or on which there is, a draft heritage item, and |
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
[30] Clause 1.18 (1) (e)
Omit the paragraph. Insert instead:
| (e) | before the complying development certificate is issued, have written consent from the relevant roads authority (if required under section 138 of the Roads Act 1993) for the building of any kerb, crossover or driveway, and |
Note. Other consents may be required under section 138 of the Roads Act 1993 before carrying out other works in relation to roads.
[31] Clause 1.18 (1) (f) and note
Omit the note to the paragraph. Insert instead:
Note. Information about mine subsidence is information that is a prescribed matter for the purpose of a planning certificate under section 149 (2) of the Act, but the information is not included in a certificate issued under clause 279 (2) of Environmental Planning and Assessment Regulation 2000.
[32] Clause 1.18 (1) (h)
Omit the paragraph. Insert instead:
| (h) | if it involves the removal or pruning of a tree or other vegetation that requires a permit or development consent to which clause 3.6A, 3A.7 or 5A.3 does not apply— before the complying development certificate is issued, have a permit or development consent for that removal or pruning. |
Note. A permit for the removal or pruning of a tree or other vegetation may be granted under a local environmental plan. A development consent for the removal of native vegetation may be granted under the Native Vegetation Act 2003. Paragraph (h) may not apply to certain trees or vegetation near complying development under this Policy (see clauses 3.6A, 3A.7 and 5A.3).
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
[33] Clauses 1.19 and 1.20
Omit clause 1.19. Insert instead:
|
| (1) | Specific land exemptions for General Housing Code and Rural Housing Code | |||||||||
| To be complying development specified for the General Housing Code or the Rural Housing Code, the development must not be carried out on: | ||||||||||
|
being:
(i) within a buffer area, or
(ii) within a river front area, or
(iii) within an ecologically sensitive area, or
(iv) environmentally sensitive land, or
(v) within a protected area, or
| (f) | 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: | |||
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| ||||
| (g) | land in a foreshore area, or | |||
| (h) | land that is in the 25 ANEF contour or a higher ANEF contour, unless the development is only for the erection of ancillary development, the alteration of or an addition to ancillary development or the alteration of a dwelling house, or |
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
(i) land that is declared to be a special area under the Sydney Water Catchment Management Act 1998, or
| (j) | unsewered land: | |||
|
| (2) | Development specified in the General Housing Code is not complying development under that code if it is carried out on land described or otherwise identified on a map specified in Schedule 5. | |||
| (3) | Subclause (2) ceases to have effect on 30 November 2015 in relation to: | |||
| ||||
| (4) | Specific land exemptions for Housing Alterations Code and General Development Code | |||
| To be complying development specified for the Housing Alterations Code or the General Development Code, the development must not be carried out on unsewered land: | ||||
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| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| (5) | Specific land exemptions for Commercial and Industrial (New Buildings and Additions) Code | |||||||||||
| To be complying development specified for the Commercial and Industrial (New Buildings and Additions) Code, the development must not be carried out on: | ||||||||||||
|
being:
(i) within a buffer area, or
(ii) within a river front area, or
(iii) within an ecologically sensitive area, or
(iv) environmentally sensitive land, or
(v) within a protected area, or
| (g) | 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: | |||
| ||||
| ||||
| (h) | land in a foreshore area, or |
(i) unsewered land:
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| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| 1.20 | Suspension of covenants, agreements and instruments | |||
|
| (a) | to a covenant imposed by a council, or that a council requires to be imposed, requiring compliance with a development standard that is: | |||
| ||||
| (b) | to a covenant that is specifically required by another environmental planning instrument, or | |||
| (c) | to a covenant imposed by an owner or former owner of the land concerned, other than a covenant that has been required by a council to be imposed, or | |||
| (d) | to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or | |||
| (e) | to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or | |||
| (f) | to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or | |||
| (g) | to any property vegetation plan approved under the Native Vegetation Act 2003, or | |||
| (h) | to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or |
(i) to any planning agreement within the meaning of Division 6 of Part 4 of the Act.
| (3) | This clause does not affect the rights or interests of any public authority under any registered instrument. |
| (4) | Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3). |
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
[34] Part 2, Division 1, Subdivision 2
Omit the Subdivision. Insert instead:
| ||
|
The construction or installation of an aerial, antenna or a satellite communications dish (including any supporting mast) is development specified for this code if the construction or installation does not comprise fire alarm communication link works within the meaning of the Environmental Planning and Assessment Regulation 2000.
| 2.4 | Development standards | |
|
| (a) | if the development is attached to an existing building, either by being mounted on the roof or attached to an external wall of a building: | |||
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| (b) | if the development is located at ground level (existing), the development: | |||
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| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
(iv) must be located at the rear of the lot if it is not on land within Zone RU1, RU2, RU3, RU4, RU6 or R5, and
(v) must resist loads in accordance with AS/NZS 1170.0:2002 Structural design actions, Part 0: General Principles and AS/NZS 1170.2:2011 Structural design actions, Part 2: Wind actions, and
(vi) must be anchored by a concrete slab or footing designed in accordance with AS 3600—2009 Concrete structures, and
| (c) | if the development is a mast or attached to a mast, the mast: | |||||||||
| ||||||||||
|
| (2) | For subclause (1), there must be: | |||
| ||||
| (3) | Despite subclause (2), development in connection with the use of dwellings in a residential flat building on the lot may |
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
comprise 1 (but not more than 1) dish, aerial or antenna per
dwelling.
Note. There are other existing legislative requirements relating to the clearance of power lines and Obstacle Limitation Surfaces near airport flight paths.
[35] Clauses 2.6 (1), 2.8 (1) (a), 2.30B (a), 2.34 (1) (b) (i), 2.42D (1) (a), 2.60 (1) (a1), 2.72 (b) (i), 2.74 (aa) and 2.78D (1) (a)
| Omit “domestic purposes” wherever occurring. Insert instead “residential uses”. |
[36] Clause 2.6 Development standards
| Omit “other than domestic purposes” from clause 2.6 (1A). Insert instead “other than residential uses”. |
[37] Clause 2.6B Development standards
| Omit “or RU4” wherever occurring in clause 2.6B (1) and (3). Insert instead “, RU4 or RU6”. |
[38] Clause 2.6B (1) (a) and (3) (a)
| Omit “for domestic purposes only” wherever occurring. Insert instead “associated with a residential use”. |
[39] Clause 2.6D
Omit the clause. Insert instead:
2.6D Development standards
The standards specified for that development are that:
| (a) | the development: | |||
| ||||
| (b) | the development must be installed in accordance with AS 3769—1990 Automatic teller machines—User access. |
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
[40] Clause 2.9
Omit the clause. Insert instead:
|
The construction or installation of any of the following structures over a window or door opening is development specified for this code if the structure is not constructed or installed on or in a heritage item or a draft heritage item:
| (a) | an awning or canopy associated with a residential use, |
| (b) | a blind (including a storm blind, security blind or sun blind) or similar structure for any purpose. |
Note. See separate entry for shade structures.
[41] Clause 2.12 Development standards
Omit clause 2.12 (a).
[42] Clause 2.12 (f)
Omit the paragraph. Insert instead:
| (f) | be located at a distance from each lot boundary of at least: | |||
|
[43] Clause 2.14 Development standards
| Omit “or RU4” from clause 2.14 (c). Insert instead “, RU4 or RU6”. |
[44] Clause 2.16B Development standards
Omit clause 2.16B (c) (i).
[45] Clause 2.17 Specified development
Omit “or on land in a foreshore area”.
Insert instead “, on land in a foreshore area or in an environmentally sensitive area”.
[46] Clause 2.18 Development standards
Insert “, RU6” after “RU4” in clause 2.18 (1) (b) (i).
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
[47] Clause 2.18 (1) (d)
Omit the paragraph. Insert instead:
| (d) | be located at a distance from each lot boundary of at least: | |||
|
[48] Clause 2.18 (1) (e)
Omit “or RU4”. Insert instead “, RU4 or RU6”.
[49] Clause 2.18 (1) (l) and (m)
Insert at the end of clause 2.18 (1) (k):
, and
| (l) | be a Class 10 building and not be habitable, and |
| (m) | be located at least 1m from any registered easement. |
[50] Clause 2.20 Development standards
Omit clause 2.20 (1) (e). Insert instead:
| (e) | be located at a distance from each lot boundary of at least: | |||
|
[51] Clause 2.20 (1) (k)
Omit the paragraph.
[52] Clause 2.20A
Omit the clause. Insert instead:
|
A change of use from an existing use specified in a category in Column 1 of the Table to this clause to a use specified in the corresponding category in Column 2 of the Table to this clause is development specified for this code.
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
Table
| Column 1 Existing use | Column 2 New use |
| Category 1 | Category 1 |
| business premises | business premises |
| office premises | office premises |
| shop | shop kiosk |
| Category 2 | Category 2 |
| landscaping material supplies | landscaping material supplies |
| hardware and building supplies | hardware and building supplies |
| garden centre | garden centre |
| plant nursery | plant nursery |
| rural supplies | rural supplies |
| timber yard | timber yard |
| vehicle sales or hire premises | |
| Category 3 | Category 3 |
| general industry | light industry |
| light industry | packaging industry |
| packaging industry | warehouse or distribution centre |
| warehouse or distribution centre | wholesale supplies |
| wholesale supplies | self-storage premises |
[53] Clause 2.20B Development standards
Omit clause 2.20B (c). Insert instead:
| (c) | the new use must be permissible with consent under an environmental planning instrument applying to the land on which the development is carried out, and |
[54] Clause 2.20B (i) and (j)
Omit clause 2.20B (i) and the note to the paragraph. Insert instead:
(i) the new use must not cause the contravention of any existing condition of the most recent development consent (other than a complying development certificate) that applies to the premises relating to hours of operation,
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
noise, car parking, vehicular movement, traffic generation,
loading, waste management and landscaping, and
| (j) | if there is no such existing condition applying to the premises relating to the hours of operation, the premises must only operate between 7.00 am and 7.00 pm on any day. |
Note. Certain types of uses are subject to a maximum floor area to be permissible development in a particular zone under the relevant environmental planning instrument. In those cases, the maximum floor area requirement for that use must be complied with for a change of use to be exempt development.
[55] Part 2, Division 1, Subdivisions 10B and 10C
Insert after Subdivision 10A:
Subdivision 10B Change of use of places of public worship
|
A change from a current use to a new use that is a change from a place of public worship to another place of public worship is development specified for this code.
| 2.20D | Development standards |
The standards specified for that development are that:
| (a) | the current use must be a lawful use, and |
| (b) | the current use must not be an existing use within the meaning of section 106 of the Act, and |
| (c) | the new use must not cause the contravention of any existing condition of the most recent development consent (other than a complying development certificate) that applies to the premises relating to hours of operation, noise, car parking, vehicular movement, traffic generation, loading, waste management and landscaping, and |
| (d) | the new use must not increase or create significant adverse environmental impacts by reason of noise, waste products or traffic generation. |
Subdivision 10C Charity bins and recycling bins
| 2.20E | Specified development |
The construction or installation of a charity bin or recycling bin is development specified for this code.
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| 2.20F | Development standards |
The standards specified for that development are that the development must:
| (a) | be associated with commercial premises or a place of public worship, and |
| (b) | if located on the same lot as the commercial premises or place of public worship—be wholly located within the lot and not located on a road or road reserve, and |
| (c) | not result in more than 3 such bins on one lot, and |
| (d) | be located behind the building line of any road frontage, and |
| (e) | be operated by a person or organisation that is the holder of an authority under the Charitable Fundraising Act 1991, and |
| (f) | not display any advertising other than details of the person or organisation that operates it, and |
| (g) | not cause the contravention of any existing condition of the most recent development consent (other than a complying development certificate) that applies to the premises relating to car parking, loading, vehicular movement, waste management and landscaping. |
[56] Part 2, Division 1, Subdivision 12
Omit the Subdivision.
[57] Part 2, Division 1, Subdivision 14
Omit the Subdivision. Insert instead:
| ||
|
The following development is specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item, in a heritage conservation area or a draft heritage conservation area, on land in a foreshore area or in an environmentally sensitive area:
| (a) | the construction or installation of a driveway associated with access to an open hard stand space, a carport, a loading bay or a garage, |
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| (b) | the construction or installation of a hard stand space associated with a driveway, whether open or part of a carport. |
| 2.28 | Development standards |
The standards specified for that development are that the development must:
| (a) | be constructed or installed so that any surface water or runoff is disposed of by a drainage system that is connected to the existing stormwater drainage system, and | |||
| (b) | be constructed in accordance with AS/NZS 2890.1:2004, Parking facilities, Part 1: Off-street car parking or AS: 2890.2—2002, Parking facilities, Part 2: Off-street commercial vehicle facilities, and | |||
| (c) | if the development is ancillary development to a dwelling—not require cut or fill more than 600mm below or above ground level (existing), and | |||
| (d) | if the development is not ancillary development to a dwelling—not require cut or fill more than 1m below or above ground level (existing), and | |||
| (e) | if the development is a driveway: | |||
| ||||
| ||||
| (f) | if the development is a hard stand space: |
(i) measure at least 2.6m wide by 5.4m long, and
(ii) have an area of not more than 20m2, and
(iii) if the development is ancillary to a dwelling—be located at least 1m behind the building line of any road frontage (other than a laneway) and at least 900mm from each side or rear boundary, and
(iv) in any other case—be located clear of any required landscaped area, and
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| (g) | if the development is constructed or installed in a residential zone or rural zone—not result in the total area of all driveway or hardstand areas, pathways and paved areas on the lot exceeding 15% of the area of the lot or150m2, whichever is the lesser, and | |||
| (h) | if constructed or installed in a residential zone: | |||
|
[58] Part 2, Division 1, Subdivision 15
Omit the Subdivision. Insert instead:
| ||
|
Earthworks and the construction or installation of a retaining wall or other form of structural support is development specified for this code if it is not carried out, constructed or installed on or in a heritage item or a draft heritage item, on a flood control lot or in an environmentally sensitive area.
| 2.30 | Development standards |
The standards specified for that development are that the development must:
| (a) | not be a cut or fill of more than 600mm below or above ground level (existing), and |
| (b) | be located at least 1m from each lot boundary, and |
| (c) | if it is carried out, constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and |
| (d) | be located at least 40m from a waterbody (natural), and |
| (e) | not redirect the flow of any surface water or ground water or cause sediment to be transported onto an adjoining property, and |
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| (f) | if it is a retaining wall or structural support for excavation or fill, or a combination of both: | |||
| ||||
| ||||
| (g) | if the fill is more than 150mm deep—not occupy more than 25% of the area of the lot, and | |||
| (h) | if the fill is imported to the site—be free of building and other demolition waste, and only contain virgin excavated natural material (VENM) as defined in Part 3 of Schedule 1 to the Protection of the Environment Operations Act 1997. |
[59] Part 2, Division 1, Subdivision 16
Omit “and structures” from the heading to the Subdivision.
[60] Clause 2.31
Omit the clause. Insert instead:
2.31 Specified development
The construction or installation of a farm building used for the purpose of an agricultural activity and not used for habitable purposes is development specified for this code if it is:
| (a) | constructed or installed on land in Zone RU1, RU2, RU3, RU4 or RU6, and |
| (b) | not constructed or installed on or in a heritage item or a draft heritage item or in an environmentally sensitive area. |
[61] Clause 2.32 Development standards
Omit clause 2.32 (1) (b) (ii). Insert instead:
(ii) if it is any other building—200m2 (if situated on a lot of 2ha or more) or 50m2 (if situated on a lot of less than 2ha), and
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
[62] Part 2, Division 1, Subdivisions 17–19
Omit Subdivisions 17–19A. Insert instead:
Subdivision 17 Fences (residential zones)
|
The construction or installation of a fence on land within Zone R1, R2, R3 or R4 is development specified for this code if it is not constructed or installed:
| (a) | on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item, or |
| (b) | along the boundary of, or within the setback area of, a primary or secondary road within a heritage conservation area or draft heritage conservation area, or |
| (c) | on a flood control lot, or |
| (d) | on land that is identified as being in a foreshore area. |
Note. If the fence is a dividing fence, the Dividing Fences Act 1991 also applies.
| 2.34 | Development standards | |
|
| (a) | not be higher than 1.8m above ground level (existing), and |
| (b) | not be of masonry construction to a height that is more than 1.2m above ground level (existing), and |
| (c) | if it includes an entrance gate—not have a gate that opens outwards, and |
| (d) | if it is located in a core koala habitat or potential koala habitat within the meaning of State Environmental Planning Policy No 44—Koala Habitat Protection or in a movement corridor used by koalas—be constructed or installed in accordance with any relevant council policy or guideline under that Policy, and |
| (e) | if it is located on bush fire prone land—be constructed of non-combustible materials or hardwood, and |
| (f) | if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and |
| (g) | not be an electrical fence or use barbed wire. |
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| (2) | Despite subclause (1), any fence located along the boundary of, or within the setback area to, a primary or secondary road must: | |||
| ||||
| (3) | If a lot has a frontage to a secondary road or roads, subclause (2) only applies to 50% of the length of all contiguous secondary road boundaries, measured from the corner with the primary road boundary. | |||
| (4) | Subclause (2) (b) does not apply to the part of the fence along the side boundary and within the setback area to the primary road. | |||
| (5) | Despite subclauses (1) and (2), if the fence is erected on a sloping site and stepped to accommodate the fall in the land: | |||
|
| Subdivision 18 | Fences (rural and environment protection zones and Zone R5) |
| 2.35 | Specified development |
The construction or installation of a fence on land within a rural zone, an environment protection zone or Zone R5 is development specified for this code if it is not constructed or installed:
| (a) | on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item, or |
| (b) | along the boundary of, or within the setback area of, a primary or secondary road within a heritage conservation area or draft heritage conservation area. |
Note. If the fence is a dividing fence, the Dividing Fences Act 1991 also applies.
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| 2.36 | Development standards | |
|
| (a) | not be higher than 1.8m above ground level (existing), and |
| (b) | not include any masonry construction that extends more than 3m from either side of the entrance to the property from the primary road, and |
| (c) | be constructed using post and wire or post and rail, and |
| (d) | if it includes an entrance gate—not have a gate that opens outwards, and |
| (e) | if it is located in a core koala habitat or potential koala habitat within the meaning of State Environmental Planning Policy No 44—Koala Habitat Protection or in a movement corridor used by koalas—be constructed or installed in accordance with any relevant council policy or guideline under that Policy, and |
| (f) | if it is located on bush fire prone land—be constructed of non-combustible materials or hardwood, and |
| (g) | if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and |
| (h) | if it is electrical fencing—be constructed in accordance with AS/NZS 3014:2003, Electrical installations–electrical fences, and |
(i) if it is constructed or installed on a flood control lot—not redirect or interrupt the flow of surface or ground water on that lot.
| (2) | Despite subclause (1), if the fence is erected on a sloping site and stepped to accommodate the fall in the land the fence may be not more than 2.2m above ground level (existing) at each step. |
| Subdivision 19 | Fences (business and industrial zones) |
| 2.37 | Specified development |
The construction or installation of a fence within a business or industrial zone is development specified for this code if it is not constructed or installed:
| (a) | on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item, or |
| (b) | along the boundary of, or within the setback area of, a primary or secondary road within a business zone, or |
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| (c) | on a flood control lot, or |
| (d) | on land that is identified as being in a foreshore area. |
Note. If the fence is a dividing fence, the Dividing Fences Act 1991 also applies.
| 2.38 | Development standards | |
|
| (a) | not be higher than 3m above ground level (existing), and |
| (b) | not be of masonry construction to a height that is more than 1.2m above ground level (existing), and |
| (c) | if it includes an entrance gate—not have a gate that opens outwards, and |
| (d) | if it is located in a core koala habitat or potential koala habitat within the meaning of State Environmental Planning Policy No 44—Koala Habitat Protection or in a movement corridor used by koalas—be constructed or installed in accordance with any relevant council policy or guideline under that Policy, and |
| (e) | if it is located on bush fire prone land—be constructed of non-combustible materials or hardwood, and |
| (f) | if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and |
| (g) | not be an electrical fence or use barbed wire. |
| (2) | Despite subclause (1): | |||
|
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
[63] Part 2, Division 1, Subdivision 20A
Insert after Subdivision 20:
Subdivision 20A Footpaths—outdoor dining
|
The use of a footway or public open space within the meaning of the Roads Act 1993 as an outdoor dining area associated with lawful food and drink premises is development specified for this code.
| 2.40B | Development standards |
The standards specified for that development are that the development must:
| (a) | not be associated with a pub or a small bar, and |
| (b) | be carried out in accordance with an approval granted under section 125 of the Roads Act 1993, including in accordance with any hours of operation to which the approval is subject, and |
| (c) | be carried out in accordance with any approval granted under section 68 of the Local Government Act 1993. |
[64] Clause 2.42 Development standards
Omit clause 2.42 (1) (a) (iv).
[65] Clause 2.42 (1) (b)
Omit “or RU4”. Insert instead “, RU4 or RU6”.
[66] Clause 2.42 (1) (b1) and (b2)
Insert after clause 2.42 (1) (b):
| (b1) | if the development is constructed or installed on land (other than land within Zone R5)—not house more than 5 fowl or poultry and not house any roosters, and |
| (b2) | if the development is constructed or installed on land within Zone R5—not house more than 10 fowl or poultry, and |
[67] Clause 2.42AA Specified development
Insert “and is not constructed or installed in an environmentally sensitive area” after “2ha”.
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
[68] Clause 2.42B Development standards
Insert at the end of clause 2.42B (f):
, and
| (g) | be located at least 1m from any registered easement. |
[69] Part 2, Division 1, Subdivision 21B
Omit the Subdivision.
[70] Clause 2.54 Development standards
Omit clause 2.54 (f). Insert instead:
| (f) | if it is the installation of a security screen or grill to a door or window or a security door: | |||
|
| (A) | the screen or grill is installed for a door or window that is situated at least 5m from the boundary of any road, or |
| (B) | the security door is installed at least 5m from the boundary of any road. |
[71] Part 2, Division 1, Subdivision 27A
Insert after Subdivision 27:
| ||
|
The carrying out of the retail sale of food, drinks and related products on land from a mobile outlet such as a food truck, van, cart or other similar vehicle is development specified for this code.
| 2.54B | Development standards |
The standards specified for that development are that the development must:
| (a) | have the consent of the owner of the land on which the development is carried out or, if a council or public authority has the control and management of the land, the consent, in writing, of the council or public authority, and |
| (b) | not restrict any vehicular or pedestrian access to or from the land or entry to any building on the land, and |
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| (c) | not obstruct the operation of, or access to, any utility services on the land or on adjacent land, and |
| (d) | not be located within the canopy of, or result in damage to, any tree growing on the land or on adjacent land, and |
| (e) | not result in any damage to public property on the land or on adjacent land, and |
| (f) | if carried out on land within or immediately adjacent to a residential zone—only be carried out between 7.00 am and 7.00 pm on any day, and |
| (g) | if located on a public place—have any approval required under section 68 of the Local Government Act 1993, and |
| (h) | if located on private land—be limited to 1 development on that land and not contravene any conditions of a development consent for any other use carried out on the land. |
Note. A registrable vehicle within the meaning of the Road Transport (Vehicle Registration) Regulation 2007, or a cart, bicycle cart or the like must operate in accordance with the Guidelines for mobile food vending vehicles (NSW/FA/F1055/1302) published by the NSW Food Authority in February 2013, and any requirements of the Food Act 2003.
[72] Part 2, Division 1, Subdivision 28
Omit the Subdivision. Insert instead:
| ||
|
| (1) | The construction or installation of a pathway or paving, including any paving of a deck, pergola, patio or terrace is development specified for this code. |
| (2) | Subclause (1) does not include any paving of a driveway, hard stand space or turning or parking area to be used by vehicles for any purpose, including the delivery or loading of goods. |
| 2.56 | Development standards |
The standards specified for that development are that the development must:
| (a) | be constructed or installed so that any surface water or runoff is disposed of by a drainage system that is connected to the existing stormwater drainage system, and |
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| (b) | if constructed or installed in a residential zone or Zone RU5: | |||
|
(including driveways and hardstand areas) on the lot
exceeding 15% of the area of the lot or 150m2,
whichever is the lesser, and
| (c) | if constructed or installed in a residential zone: | |||
| ||||
| (d) | if constructed or installed in a zone (other than a residential zone or Zone RU5): | |||
|
Note. The Standard Instrument defines landscaped area as a part of a site used for growing plants, grasses and trees, but not including any building, structure or hard paved area.
[73] Clause 2.58 Development standards
Omit clause 2.58 (a).
[74] Clause 2.58 (c)
Omit clause 2.58 (c) and (d). Insert instead:
| (c) | if it is on land in Zone R1, R2, R3 or R4—be located in the rear yard. |
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
[75] Clause 2.62
Omit the clause. Insert instead:
|
| (1) | The standards specified for that development are that the development must: | |||||||||
| ||||||||||
| (2) | There must not be more than 2 such privacy screens erected under this clause on any lot. |
[76] Clause 2.63 Specified development
Insert “or in an environmentally sensitive area” after “foreshore area”.
[77] Clause 2.64 Development standards
Insert “RU6,” after “RU4,” wherever occurring in clause 2.64 (1) (a) and (b).
[78] Clause 2.64 (1) (f)–(j)
Omit clause 2.64 (1) (f)–(i). Insert instead:
| (f) | be fitted with a screened rain head designed to ensure self-cleaning and prevent leaf litter entering into the water tank, and |
| (g) | be fitted with a first-flush device incorporating an automatic resetting valve that causes initial run-off rainwater to bypass the tank, and |
| (h) | be constructed or installed with inlets and outlets designed to prevent mosquitoes breeding in it, and |
(i) have its overflow connected to an existing stormwater drainage system that does not discharge to an adjoining property, or cause a nuisance to adjoining owners, and
| (j) | have a sign affixed to it with a statement to the effect that the water in the tank is rainwater, and |
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
[79] Clause 2.64 (2)
| Omit “a soundproof enclosure”. Insert instead “an enclosure that is soundproofed”. |
[80] Clause 2.65
Omit the clause. Insert instead:
|
The construction or installation of a rainwater tank below ground is development specified for this code if:
| (a) | it is constructed or installed on land in Zone RU1, RU2, RU3, RU4, RU6 or R5, and |
| (b) | it is not constructed or installed on land that is identified on an Acid Sulfate Map as being Class 1–5, and |
| (c) | it is not constructed or installed on land that is identified as an environmentally sensitive area. |
[81] Clause 2.66 Development standards
| Omit “a soundproof enclosure” from clause 2.66 (2). Insert instead “an enclosure that is soundproofed”. |
[82] Part 2, Division 1, Subdivision 33A
Insert after Subdivision 33:
Subdivision 33A Roller shutter doors adjoining lanes
|
The installation of a roller shutter door on a boundary adjoining a lane is development specified for this code.
| 2.66B | Development standards |
The standards specified for that development are that the development must:
| (a) | be associated with a hard stand, garage or carport, and |
| (b) | have a width of not greater than 4.5m, and |
| (c) | not be higher than 3m above ground level (existing), and |
| (d) | not encroach on the lane, and |
| (e) | comply with AS/NZS 2890.1:2004 Parking facilities, Part 1: Off-street parking. |
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
[83] Part 2, Division 1, Subdivision 34
Omit the Subdivision.
[84] Clause 2.72 Development standards
Omit clause 2.72 (b) (ii). Insert instead:
(ii) if it is constructed or installed for the purposes of a child care centre in a residential zone—40m2, or
(iii) if it is constructed or installed for the purposes of a child care centre in a zone other than a residentialzone—60m2, or
(iv) if it is constructed or installed for the purposes of any other use—30m2, and
[85] Clause 2.72 (e)
Omit the paragraph. Insert instead:
| (e) | be located at a distance from each lot boundary of at least: | |||
|
[86] Clause 2.72 (l)
Insert at the end of clause 2.72 (k):
, and
| (l) | if it is constructed or installed for the purposes of a child care centre—be constructed of non-combustible material. |
[87] Part 2, Division 1, Subdivision 36A
Omit the Subdivision.
[88] Clause 2.75 Specified development
Omit clause 2.75 (b). Insert instead:
| (b) | a realignment of boundaries: | |||
| ||||
|
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
being realigned is or are already smaller than the minimum size and that lot or those lots will only increase in size at the completion of the subdivision), and
(iv) that will not adversely affect the provision of existing services on a lot, and
(v) that will not result in any increased fire risk to existing buildings, and
(vi) if located in Zone RU1, RU2, RU3, RU4, RU6, E1, E2, E3 or E4—that will not result in more than a minor change in the area of any lot, and
(vii) if located in any other zone—that will not result in a change in the area of any lot by more than 10%,
[89] Part 2, Division 1, Subdivision 39
Omit the Subdivision. Insert instead:
| ||
|
The installation and display of any outdoor sculpture or other form of freestanding artwork is development specified for this code if it is not constructed or installed on or in a heritage item or draft heritage item, in a heritage conservation area or draft heritage conservation area or on land in a foreshore area.
| 2.78 | Development standards |
The standards specified for that development are that the development must:
| (a) | be approved by the owner of the land on which it is installed or, if it is installed on a public road, be approved by the relevant roads authority (within the meaning of the Roads Act 1993), and |
| (b) | be structurally sound and securely fixed with any moveable parts securely attached, and |
| (c) | not give rise to any noise or other nuisance to any adjoining property, and |
| (d) | if installed on land in a residential zone—be not more than 3m in height and 3m in diameter, and |
| (e) | if installed on land in any other zone—be not more than 6m in height, and |
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| (f) | if installed on land adjoining land in a residential zone— must be wholly located at least 3m from the boundary with that adjoining land. |
[90] Part 2, Division 1, Subdivision 39A
Omit the Subdivision.
[91] Clause 2.78C Specified development
Insert “or in an environmentally sensitive area” after “draft heritage conservation area” in clause 2.78C (b).
[92] Clause 2.78D Development standards
Insert at the end of clause 2.78D (1) (d):
, and
| (e) | have a setback from a side or rear boundary of at least 5m. |
[93] Part 2, Division 1, Subdivision 39C
Omit the Subdivision. Insert instead:
| ||
|
The installation of a waste storage container in a public place (within the meaning of the Local Government Act 1993) is development specified for this code.
| 2.78F | Development standards |
The standards specified for that development are that the development must be located in accordance with an approval granted under the Local Government Act 1993.
[94] Part 2, Division 1, Subdivision 40A
Insert after Subdivision 40:
| ||
|
The following works to existing lawful boat sheds, jetties, marinas, pontoons, water recreation structures and wharf or boating facilities are development specified for this code if the
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
works are not carried out on or in a heritage item or a draft
heritage item:
| (a) | the repair or replacement of the following: | |||
| ||||
| ||||
| (b) | non-structural internal or external alterations to an existing lawful boat shed, including painting, plastering, cement rendering, cladding, attachment of fittings and decorative work, | |||
| (c) | the installation of the following: | |||
| ||||
| ||||
| (d) | painting or other similarly applied surface treatment that is intended to protect a structure from corrosion or weathering. |
| 2.80B | Development standards |
The standards specified for that development are that the development must:
| (a) | if it is for the repair or replacement of non-load bearing members: | |||
| ||||
| ||||
| (b) | if it is for a non-structural internal or external alteration to a boat shed—not affect the load bearing capacity of any component of the boat shed, and | |||
| (c) | not result in a pile being left exposed within the waterway, and | |||
| (d) | if it relates to the surfaces of pontoons, ramps or jetties (including the tops of piles)—be untreated, or stained or |
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
painted in recessive colours sympathetic to the existing natural landscape and built form, unless otherwise required for safety reasons, and
| (e) | if it is the installation of lighting: | |||
| ||||
| ||||
| (f) | if it is the installation of service pedestals: | |||
| ||||
| ||||
| (g) | if it is pollution control facilities, occupational health and safety measures and environmental management works: | |||
| ||||
| (h) | not reduce the amount of light penetration to any water below, and |
[3] Clause 116 Exempt development
Insert at the end of the clause:
| (2) | Despite subclause (1), development for any of the purposes specified in items 1, 2 or 3 of Part 1 of Schedule 3A is exempt development only if it is carried out by or on behalf of a public authority, a carrier or an emergency services organisation. |
[4] Clause 116A Complying development
Insert after clause 116A (2):
| (3) | Despite subclause (1), development for any of the purposes specified in items 1, 2 or 3 of Part 2 of Schedule 3A is complying development only if it is carried out by or on behalf of a public authority, a carrier or an emergency services organisation. |
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 2 | Amendment of other environmental planning instruments |
2.12 State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007
Clause 10 Application of other environmental planning instruments
Omit the following from clause 10:
State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development,
State Environmental Planning Policy No 60—Exempt and
Complying Development,
2.13 State Environmental Planning Policy (Major Development)
2005
[1] Clause 10B Exempt and complying development
Omit the clause.
[2] Schedule 3 State significant sites
Omit clause 12 of Part 4.
[3] Schedule 3, Part 5
Insert at the end of clause 20 (1):
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[4] Schedule 3, Part 5
Omit clause 20 (2).
[5] Schedule 3, Part 8
Omit clause 7.
[6] Schedule 3, Part 9
Insert at the end of clause 10 (1):
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[7] Schedule 3, Part 9
Omit clause 10 (2).
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of other environmental planning instruments | Schedule 2 |
[8] Schedule 3, Part 10
Insert at the end of clause 12 (1):
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[9] Schedule 3, Part 10
Omit clauses 12 (2) and 15.
[10] Schedule 3, Part 12
Insert at the end of clause 16 (1):
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[11] Schedule 3, Part 12
Omit clause 16 (2).
[12] Schedule 3, Part 14
Insert at the end of clause 14 (1):
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[13] Schedule 3, Part 14
Omit clause 14 (2).
[14] Schedule 3, Part 15
Insert at the end of clause 12 (1):
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[15] Schedule 3, Part 15
Omit clauses 12 (2), 13 and 14.
[16] Schedule 3, Part 22
Omit “and in Part 2 of Schedule 8” from clause 2 (1).
[17] Schedule 3, Part 22
Insert at the end of clause 11 (1):
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 2 | Amendment of other environmental planning instruments |
[18] Schedule 3, Part 22
Omit clauses 11 (2) and 24–26.
[19] Schedule 3, Part 23
Insert at the end of clause 16 (1):
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[20] Schedule 3, Part 23
Omit clauses 16 (2) and 33–35.
[21] Schedule 3, Part 24
Insert at the end of clause 13 (1):
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[22] Schedule 3, Part 24
Omit clause 13 (2).
[23] Schedule 3, Part 25
Insert at the end of clause 17 (1):
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[24] Schedule 3, Part 25
Omit clause 17 (2).
[25] Schedule 3, Part 26
Insert at the end of clause 11 (1):
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[26] Schedule 3, Part 26
Omit clause 11 (2).
[27] Schedule 3, Part 27
Insert at the end of clause 16 (1):
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of other environmental planning instruments | Schedule 2 |
[28] Schedule 3, Part 27
Omit clause 16 (2).
[29] Schedule 3, Part 28
Insert at the end of clause 17 (1):
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[30] Schedule 3, Part 28
Omit clauses 17 (2) and 24 (3) and (4).
[31] Schedule 3, Part 29
Insert at the end of clause 14 (1):
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[32] Schedule 3, Part 29
Omit clause 14 (2).
[33] Schedule 3, Part 31
Insert at the end of clause 16 (1):
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[34] Schedule 3, Part 31
Omit clause 16 (2).
[35] Schedule 3, Part 33
Omit clause 17.
[36] Schedule 6 Minister consent authority for Part 4 development
Omit “identified on Map 3 to Schedule 3” from clause 2.
Insert instead “shown edged heavy black on the Land Application Map within the meaning of Part 5 of Schedule 3”.
[37] Schedule 8 Exempt development
Omit the Schedule.
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 2 | Amendment of other environmental planning instruments |
[38] Schedule 9 Complying development
Omit the Schedule.
2.14 State Environmental Planning Policy (Port Botany and Port
Kembla) 2013
[1] Schedule 2 Complying development
Omit clause 20. Insert instead:
|
Any development specified in Part 1 is subject to the same conditions set out in Schedule 8 to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, other than the following:
| (a) | clauses 3, 6, 7 and 11, |
| (b) | Part 4. |
[2] Schedule 2, clause 21 (b), (c) and (e) (iii)
Omit the paragraphs and subparagraph.
2.15 State Environmental Planning Policy (Rural Lands) 2008
Clause 3 Definitions
Insert after clause 3 (3):
| (3A) | Despite subclause (3), in relation to land: | |||
| ||||
| a reference in this Policy to a lot or land in a named land use zone is a reference to a lot or land specified in such a zone in the last such draft environmental planning instrument that was the subject of such community consultation. | ||||
| (3B) | In subclause (3A), community consultation means community consultation under section 57 of the Act or public exhibition under section 66 of the Act (as continued on by clause 12 of the Environmental Planning and Assessment Regulation 2000). |
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of other environmental planning instruments | Schedule 2 |
2.16 State Environmental Planning Policy (Sydney Region
Growth Centres) 2006
[1] Appendix 1 Oran Park and Turner Road Precinct Plan
Omit clause 1.9 (2). Insert instead:
(2) State Environmental Planning Policy No 1—Development Standards does not apply to the land to which this Precinct Plan applies.
[2] Appendix 1, clause 2.3
Omit the notes to the clause. Insert instead:
Notes.
1 Schedule 1 sets out additional permitted uses for particular land.
2 Clause 2.6 requires consent for subdivision of land.
3 Part 5 contains other provisions that require consent for particular development.
[3] Appendix 1, clause 2.6 (1)
Insert at the end of the subclause:
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[4] Appendix 1, clause 2.6 (2)
Omit the subclause and the note to the subclause.
[5] Appendix 1, Part 3
Omit the Part.
[6] Appendix 1, clause 5.8 (3) and (4)
Omit the subclauses.
[7] Appendix 2 North Kellyville Precinct Plan
Omit clause 1.9 (2). Insert instead:
(2) State Environmental Planning Policy No 1—Development Standards does not apply to the land to which this Precinct Plan applies.
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 2 | Amendment of other environmental planning instruments |
[8] Appendix 2, clause 2.3
Omit the notes to the clause. Insert instead:
Notes.
1 Schedule 1 sets out additional permitted uses for particular land.
2 Clause 2.6 requires consent for subdivision of land.
3 Part 5 contains other provisions that require consent for particular development.
[9] Appendix 2, clause 2.6 (1)
Insert at the end of the subclause:
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[10] Appendix 2, clause 2.6 (2)
Omit the subclause and the note to the subclause.
[11] Appendix 2, Part 3
Omit the Part.
[12] Appendix 2, clause 5.8 (3) and (4)
Omit the subclauses.
[13] Appendix 3 Riverstone West Precinct Plan
Omit clause 1.9 (2). Insert instead:
(2) State Environmental Planning Policy No 1—Development Standards does not apply to the land to which this Precinct Plan applies.
[14] Appendix 3, clause 2.3
Omit the notes to the clause. Insert instead:
Notes.
1 Schedule 1 sets out additional permitted uses for particular land.
2 Clause 2.6 requires consent for subdivision of land.
3 Part 5 contains other provisions that require consent for particular development.
4 Part 6 sets out additional uses for particular land.
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of other environmental planning instruments | Schedule 2 |
[15] Appendix 3, clause 2.6 (1)
Insert at the end of the subclause:
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[16] Appendix 3, clause 2.6 (2)
Omit the subclause and the note to the subclause.
[17] Appendix 3, Part 3
Omit the Part.
[18] Appendix 3, clause 5.8 (3) and (4)
Omit the subclauses.
[19] Appendix 4 Alex Avenue and Riverstone Precinct Plan 2010
Omit clause 1.9 (2). Insert instead:
(2) State Environmental Planning Policy No 1—Development Standards does not apply to the land to which this Precinct Plan applies.
[20] Appendix 4, clause 2.3
Omit the notes to the clause. Insert instead:
Notes.
1 Schedule 1 sets out additional permitted uses for particular land.
2 Clause 2.6 requires consent for subdivision of land.
3 Part 5 contains other provisions that require consent for particular development.
4 Part 6 sets out additional permitted uses for particular land.
[21] Appendix 4, clause 2.6 (1)
Insert at the end of the subclause:
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[22] Appendix 4, clause 2.6 (2)
Omit the subclause and the note to the subclause.
[23] Appendix 4, Part 3
Omit the Part.
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 2 | Amendment of other environmental planning instruments |
[24] Appendix 4, clause 5.8 (3) and (4)
Omit the subclauses.
[25] Appendix 5 Marsden Park Industrial Precinct Plan
Omit clause 1.9 (2). Insert instead:
(2) State Environmental Planning Policy No 1—Development Standards does not apply to the land to which this Precinct Plan applies.
[26] Appendix 5, clause 2.3
Omit the notes to the clause. Insert instead:
Notes.
1 Schedule 1 sets out additional permitted uses for particular land.
2 Clause 2.6 requires consent for subdivision of land.
3 Part 5 contains other provisions that require consent for particular development.
4 Part 6 sets out additional permitted uses for particular land.
[27] Appendix 5, clause 2.6 (1)
Insert at the end of the subclause:
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[28] Appendix 5, clause 2.6 (2)
Omit the subclause and the note to the subclause.
[29] Appendix 5, Part 3
Omit the Part.
[30] Appendix 5, clause 5.8 (3) and (4)
Omit the subclauses.
[31] Appendix 6 Area 20 Precinct Plan
Omit clause 1.9 (2). Insert instead:
(2) State Environmental Planning Policy No 1—Development Standards does not apply to the land to which this Precinct Plan applies.
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of other environmental planning instruments | Schedule 2 |
[32] Appendix 6, clause 2.3
Omit the notes to the clause. Insert instead:
Notes.
1 Schedule 1 sets out additional permitted uses for particular land.
2 Clause 2.6 requires consent for subdivision of land.
3 Part 5 contains other provisions that require consent for particular development.
4 Part 6 sets out additional permitted uses for particular land.
[33] Appendix 6, clause 2.6
Insert at the end of the clause:
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[34] Appendix 6, Part 3
Omit the Part.
[35] Appendix 6, clause 5.8 (3) and (4)
Omit the subclauses.
[36] Appendix 7 Schofields Precinct Plan
Omit clause 1.9 (2). Insert instead:
(2) State Environmental Planning Policy No 1—Development Standards does not apply to the land to which this Precinct Plan applies.
[37] Appendix 7, clause 2.3
Omit the notes to the clause. Insert instead:
Notes.
1 Schedule 1 sets out additional permitted uses for particular land.
2 Clause 2.6 requires consent for subdivision of land.
3 Part 5 contains other provisions that require consent for particular development.
4 Part 6 sets out additional permitted uses for particular land.
[38] Appendix 7, clause 2.6
Insert at the end of the clause:
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 2 | Amendment of other environmental planning instruments |
[39] Appendix 7, Part 3
Omit the Part.
[40] Appendix 7, clause 5.8 (3) and (4)
Omit the subclauses.
[41] Appendix 8 Liverpool Growth Centres Precinct Plan
Omit clause 1.9 (2). Insert instead:
(2) State Environmental Planning Policy No 1—Development Standards does not apply to the land to which this Precinct Plan applies.
[42] Appendix 8, clause 2.3
Omit the notes to the clause. Insert instead:
Notes.
1 Schedule 1 sets out additional permitted uses for particular land.
2 Clause 2.6 requires consent for subdivision of land.
3 Part 5 contains other provisions that require consent for particular development.
4 Part 6 sets out additional permitted uses for particular land.
[43] Appendix 8, clause 2.6
Insert at the end of the clause:
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[44] Appendix 8, Part 3
Omit the Part.
[45] Appendix 8, clause 5.8 (3) and (4)
Omit the subclauses.
[46] Appendix 9 Camden Growth Centres Precinct Plan
Omit clause 1.9 (2). Insert instead:
(2) State Environmental Planning Policy No 1—Development Standards does not apply to the land to which this Precinct Plan applies.
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of other environmental planning instruments | Schedule 2 |
[47] Appendix 9, clause 2.3
Omit the notes to the clause. Insert instead:
Notes.
1 Schedule 1 sets out additional permitted uses for particular land.
2 Clause 2.6 requires consent for subdivision of land.
3 Part 5 contains other provisions that require consent for particular development.
4 Part 6 sets out additional permitted uses for particular land.
[48] Appendix 9, clause 2.6
Insert at the end of the clause:
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[49] Appendix 9, Part 3
Omit the Part.
[50] Appendix 9, clause 5.8 (3) and (4)
Omit the subclauses.
[51] Appendix 10 Campbelltown Growth Centres Precinct Plan
Omit clause 1.9 (2). Insert instead:
(2) State Environmental Planning Policy No 1—Development Standards does not apply to the land to which this Precinct Plan applies.
[52] Appendix 10, clause 2.3
Omit the notes to the clause. Insert instead:
Notes.
1 Schedule 1 sets out additional permitted uses for particular land.
2 Clause 2.6 requires consent for subdivision of land.
3 Part 5 contains other provisions that require consent for particular development.
4 Part 6 sets out additional permitted uses for particular land.
[53] Appendix 10, clause 2.6
Insert at the end of the clause:
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 2 | Amendment of other environmental planning instruments |
[54] Appendix 10, Part 3
Omit the Part.
[55] Appendix 10, clause 5.8 (3) and (4)
Omit the subclauses.
[56] Appendix 11 The Hills Growth Centres Precincts Plan
Omit clause 1.9 (2). Insert instead:
(2) State Environmental Planning Policy No 1—Development Standards does not apply to the land to which this Precinct Plan applies.
[57] Appendix 11, clause 2.3
Omit the notes to the clause. Insert instead:
Notes.
1 Schedule 1 sets out additional permitted uses for particular land.
2 Clause 2.6 requires consent for subdivision of land.
3 Part 5 contains other provisions that require consent for particular development.
4 Part 6 sets out additional permitted uses for particular land.
[58] Appendix 11, clause 2.6
Insert at the end of the clause:
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[59] Appendix 11, Part 3
Omit the Part.
[60] Appendix 11, clause 5.8 (3) and (4)
Omit the subclauses.
[61] Schedule 1 Exempt development
Omit the Schedule.
[62] Schedule 2 Complying development
Omit the Schedule.
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of other environmental planning instruments | Schedule 2 |
| 2.17 State Environmental Planning Policy (Temporary Structures) 2007 |
[1] Clause 1 Name of Policy
| Omit “State Environmental Planning Policy (Temporary Structures) 2007”. Insert instead “State Environmental Planning Policy (Miscellaneous Consent Provisions) 2007”. |
[2] Clause 3
Omit the clause. Insert instead:
3 Aims of Policy
The aims of this Policy are as follows:
| (a) | to provide that the erection of temporary structures is permissible with consent across the State, |
| (b) | to ensure that suitable provision is made for ensuring the safety of persons using temporary structures, |
| (c) | to encourage the protection of the environment at the location, and in the vicinity, of temporary structures by specifying relevant matters for consideration, |
| (d) | to provide that development comprising the subdivision of land, the erection of a building or the demolition of a building, to the extent to which it does not already require development consent under another environmental planning instrument, cannot be carried out except with development consent. |
[3] Clause 5 Interpretation
Omit the definition of community event from clause 5 (2).
[4] Clause 5 (3)
Omit the subclause.
[5] Clause 11 Permissibility of erection of temporary structures
Omit “this Policy” from clause 11 (1).
Insert instead “any other environmental planning instrument that specifies that development as exempt or complying development”.
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 2 | Amendment of other environmental planning instruments |
[6] Part 3
Insert after Part 2:
| ||
| Note. Certain development under this Part may be exempt or complying development under another environmental planning instrument, for example, State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. | ||
|
| (1) | This Part applies to land other than land to which a standard plan applies. |
| (2) | In this clause, standard plan means a local environmental plan (whether made before or after the commencement of this clause) that has been made as provided by section 33A (2) of the Act. |
14 Subdivision of land
|
Note. The standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 contains the following definitions of secondary dwelling and principal dwelling:
secondary dwelling means a self-contained dwelling that:
| (a) | is established in conjunction with another dwelling (the principal dwelling), and |
| (b) | is on the same lot of land as the principal dwelling, and |
| (c) | is located within, or is attached to, or is separate from, the principal dwelling. |
| 14A | Demolition of a building or work |
A person may demolish a building or work on land to which this
Part applies, but only with development consent.
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of other environmental planning instruments | Schedule 2 |
| 14B | Change of use | |
|
| (a) | that is being lawfully used for a particular kind of office or business premises to another kind of office or business premises or to a shop, or |
| (b) | that is being lawfully used for a particular kind of shop (other than a neighbourhood shop) to another kind of shop or to an office or business premises, |
even though the proposed change of use is prohibited in that zone
under another environmental planning instrument.
| (2) | The consent authority must not grant development consent as referred to in this clause unless satisfied that the proposed change of use will not have more than a minor environmental effect and is in keeping with the objectives (if any) of the zone in which the relevant land is situated. |
| (3) | The consent authority must not grant development consent as referred to in this clause to the change of use of a building if it would result in the change of classification of the building under the Building Code of Australia. |
| (4) | The consent authority must not grant development consent as referred to in this clause to the change of use of a building for the purposes of sex services premises. |
| (5) | In this clause, business zone means a zone within the meaning of an environmental planning instrument and identified in that instrument as being a business or commercial zone. |
| 14C | Fire alarm communication link works | |||
|
| (a) | the conversion of a fire alarm system from connection with the fire alarm monitoring network of Fire and Rescue NSW to connection with the fire alarm monitoring network of a private service provider, |
| (b) | the conversion of a fire alarm system from connection with the fire alarm monitoring network of a private service provider to the fire alarm monitoring network of another private service provider, |
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 2 | Amendment of other environmental planning instruments |
| (c) | the conversion of a fire alarm communication link from a connection with the fire alarm monitoring network of a private service provider to another fire alarm monitoring network of another private service provider. |
| (3) | In this clause: fire alarm communication link has the same meaning as in the Environmental Planning and Assessment Regulation 2000. private service provider has the same meaning as in the Environmental Planning and Assessment Regulation 2000. |
[7] Part 4 Exempt and complying development
Omit the Part.
[8] Schedules 2–4
Omit the Schedules.
2.18 State Environmental Planning Policy (Western Sydney
Employment Area) 2009
[1] Clause 8 Relationship to other environmental planning instruments
Omit clause 8 (1). Insert instead: (1) State Environmental Planning Policy No 1—DevelopmentStandards does not apply to the land to which this Policy applies.
[2] Clause 14 Subdivision—consent requirements
Insert at the end of the note to the clause:
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.
[3] Part 3 Exempt and complying development
Omit the Part.
[4] Schedules 2 and 3
Omit the Schedules.
| State Environmental Planning Policy (Exempt and Complying Development | 2013 No 706 |
| Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Amendment of other environmental planning instruments | Schedule 2 |
2.19 State Environmental Planning Policy (Western Sydney
Parklands) 2009
Clause 6 Relationship to other planning instruments
Omit the following from clause 6 (1):
State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development,
2.20 Sydney Regional Environmental Plan No 24—Homebush
Bay Area
[1] Clause 3 Aims of this plan
Omit clause 3 (g).
[2] Clause 4 Relationship to other planning instruments
Omit the following from clause 4 (1):
State Environmental Planning Policy No 4—Development
Without Consent and Miscellaneous Complying Development
State Environmental Planning Policy No 60—Exempt and
Complying Development
[3] Clause 9 General requirement for development consent
Omit “or Schedule 9”.
[4] Clauses 9A and 9B
Omit the clauses.
[5] Clause 16 Master plans
Omit clause 16 (3).
[6] Schedule 3 Development that does not require consent
| Omit “Development which does not require consent because of State Environmental Planning Policy No 4—Development Without Consent.”. |
[7] Schedules 9 and 10
Omit the Schedules.
| 2013 No 706 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 |
| Schedule 2 | Amendment of other environmental planning instruments |
2.21 Sydney Regional Environmental Plan No 25—Orchard Hills
Clause 14 Subdivision generally
Omit clause 14 (3).
2.22 Sydney Regional Environmental Plan No 26—City West
Schedule 3 Development not requiring consent
Omit the first dot point.
2.23 Sydney Regional Environmental Plan No 33—Cooks Cove
Clause 23 Acid sulfate soils
Omit clause 23 (3).
2.24 Sydney Regional Environmental Plan (Sydney Harbour
Catchment) 2005
[1] Clause 7 Relationship with other environmental planning instruments
Omit clause 7 (3).
[2] Clause 36 Development on land comprising acid sulfate soils
Omit “and despite clause 10 of State Environmental Planning Policy No 4— Development Without Consent and Miscellaneous Exempt and Complying Development” from clause 36 (5) (b).
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