State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Miscellaneous) (No 2) 2011 (2011-600) LW 25 November 2011 (NSW)
2011 No 600
| New South Wales |
State Environmental Planning Policy
(Exempt and Complying Development
Codes) Amendment (Miscellaneous)
(No 2) 2011
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 25 November 2011 | Page 1 |
| 2011 No 600 | State Environmental Planning Policy (Exempt and Complying Development |
| Clause 1 | Codes) Amendment (Miscellaneous) (No 2) 2011 |
State Environmental Planning Policy (Exempt and
Complying Development Codes) Amendment
(Miscellaneous) (No 2) 2011
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 (Miscellaneous) (No 2) 2011.
2 Commencement
This Policy commences on the day on which it is published on the NSW legislation website.
3 Repeal of Policy
|
| State Environmental Planning Policy (Exempt and Complying Development | 2011 No 600 |
| Codes) Amendment (Miscellaneous) (No 2) 2011 |
| 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 1.8 Relationship with other State environmental planning policies
| Omit “1 September 2011” wherever occurring in clause 1.8 (4) and (5). Insert instead “1 September 2012”. |
[2] Clause 1.9
Omit the clause. Insert instead:
|
| (1) | Exempt or complying development under this Policy and standard plans |
| A standard plan does not apply to development that is specified in the plan as exempt development or complying development and that is specified in this Policy as exempt development or complying development. | |
| (2) | Exempt development under this Policy and non-standard plans |
| If this Policy and a non-standard plan specify the same development as exempt development, the non-standard plan does not apply to that development. | |
| (3) | Subclause (2) not to apply in relation to land in Bathurst Regional |
| Despite subclause (2), if this Policy and Bathurst Regional (Interim) Local Environmental Plan 2005 specify the same development as exempt development, that Plan continues to apply to that development. | |
| (4) | Complying development under this Policy and non-standard plans |
| If this Policy and a non-standard plan specify the same development as complying development, the non-standard plan continues to apply to that development. | |
| (5) | Subclause (4) not to apply in relation to land in Kiama or Wyong |
| Despite subclause (4), if this Policy and a non-standard plan that applies to land in the local government area of Kiama or Wyong specify the same development as complying development, that plan does not apply to that development. |
| 2011 No 600 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Miscellaneous) (No 2) 2011 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| (6) | Complying development under this Policy and exempt development under non-standard plan |
| If this Policy specifies development as complying development and a non-standard plan specifies the same development as exempt development, the non-standard plan does not apply to that development. | |
| (7) | Exempt development under this Policy and complying development under non-standard plan |
| If this Policy specifies development as exempt development and a non-standard plan specifies the same development as complying development, the non-standard plan continues to apply to that development. | |
| (8) | Subclause (7) not to apply in relation to land in Kiama and Wyong |
| Despite subclause (7), if this Policy specifies development as exempt development and a non-standard plan that applies to land in the local government area of Kiama or Wyong specifies the same development as complying development, that plan does not apply to that development. | |
| (9) | Additional exempt and complying development under standard and non-standard plans |
| If a standard plan or non-standard plan specifies exempt development or complying development that is not the same as development specified as either exempt development or complying development in this Policy, this Policy does not affect the operation of that plan in relation to that development. | |
| (10) | If a provision of this clause provides for a plan to continue to apply to development, that development may be carried out under this Policy or under the plan. |
| Note. The Environmental Planning and Assessment Regulation 2000 specifies that a person must refer to the environmental planning instrument under which the development is complying development in an application for a complying development certificate. |
| State Environmental Planning Policy (Exempt and Complying Development | 2011 No 600 |
| Codes) Amendment (Miscellaneous) (No 2) 2011 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| (11) | In this clause: non-standard plan means a local environmental plan (whether made before or after the commencement of this Policy) that has not been made as provided by section 33A (2) of the Act and a deemed environmental planning instrument and includes a development control plan adopted for the purposes of the plan or instrument. standard plan means a local environmental plan (whether made before or after the commencement of this Policy) that has been made as provided by section 33A (2) of the Act and includes a development control plan adopted for the purposes of the plan. |
[3] Clause 3.14 Setbacks of dwelling houses and ancillary development from roads, other than classified roads
Omit clause 3.14 (4).
[4] Clause 3.33 Development standards for detached studios adjoining lanes
Insert “3.8,” after “clauses” in clause 3.33 (1) (b).
[5] Clause 3.33 (10) and (11)
Insert after clause 3.33 (9):
| (10) | A window in a new detached studio or a new window in any alterations or additions to an existing detached studio must have a privacy screen if: | |||||
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| (11) | Paragraphs (a) and (b) of the definition of privacy screen in clause 1.5 (1) do not apply to a privacy screen referred to in subclause (10). |
| 2011 No 600 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Miscellaneous) (No 2) 2011 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
[6] Schedule 3 Complying development codes—variations
Insert in alphabetical order in Columns 1 and 2, respectively:
Palerang
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| of Palerang that is inside | ||||||||||
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| (2A) | The erection of a new single storey or two storey dwelling house on land in the local government area of |
| Palerang that is inside the heavy black line shown on the map within the meaning of the Cooma-Monaro Local Environmental Plan 1999— (Rural) is development specified for this code if the development is erected on a lot that: |
| (a) | has an area of at least 80 hectares, or |
| (b) | created under section 88B of the Conveyancing Act 1919 that specifies a building envelope for the lot |
is subject to a restriction council.
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