New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 33

33 Exempt and complying development

(1) Notwithstanding clause 32 (Land use matrix), development of minimal environmental impact listed in Schedule 1 to Blue Mountains Development Control Plan No 33 , as adopted by the Council on 24 August 1999, is exempt development, despite any other provision of this plan.

(2) Notwithstanding clause 32 (Land use matrix) and subject to this clause, development listed in Schedule 2 to Blue Mountains Development Control Plan No 33 , as adopted by the Council on 24 August 1999, is complying development if--

(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

(b) it is not an existing use, as defined in section 106 of the Act.

(3) Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Blue Mountains Development Control Plan No 33 , as adopted by the Council on 24 August 1999.

(4) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Blue Mountains Development Control Plan No 33 , as in force when the certificate is issued.