New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 1.18

1.18 General requirements for complying development under this Policy

(1) To be complying development for the purposes of this Policy, the development must--

(a) not be exempt development under this Policy, and

(b) be permissible, with consent, under an environmental planning instrument applying to the land on which the development is carried out, and

(c) meet the relevant provisions of the Building Code of Australia , and

(c1) not require an environment protection licence within the meaning of the Protection of the Environment Operations Act 1997 , and

(c2) not be designated development, and

Note--: Designated development is defined in section 4.10 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

(d) before the complying development certificate is issued, have an approval, if required by the Local Government Act 1993 , for--

(i) an on-site effluent disposal system if the development is undertaken on unsewered land, and

(ii) an on-site stormwater drainage system, and

(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.

(f) if it is the alteration or erection of improvements on land in a mine subsidence district within the meaning of the Mine Subsidence Compensation Act 1961 , have the prior approval of the Mine Subsidence Board, and

Note--: Information about mine subsidence is information that is a prescribed matter for the purpose of a planning certificate under section 10.7(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 .

(g) not be the construction or installation of a skylight or roof window on land in the local government area of Coonamble, Gilgandra, Warrumbungle Shire or Dubbo Regional, and

(h) for development involving the removal or pruning of a tree or other vegetation that requires a permit, approval or development consent--before the complying development certificate is issued, have the permit, approval or development consent.

Note--: A permit or approval may be required under State Environmental Planning Policy (Biodiversity and Conservation) 2021 , Chapter 2 or other legislation. Paragraph (h) may not apply to some removal or pruning of trees. See, for example, clause 3.33.

(2) The erection of a new dwelling house or an addition to a dwelling house on land in the 20-25 ANEF contours is complying development for this Policy, if the development is constructed in accordance with AS 2021:2015, Acoustics--Aircraft noise intrusion--Building siting and construction .

(3) A complying development certificate for complying development under this Policy is subject to the conditions specified in this Policy in respect of that development.

Note--: Clause 136A of the Environmental Planning and Assessment Regulation 2000 requires a complying development certificate to be issued subject to the conditions specified in that clause.

(4) Development is not permissible with consent for the purposes of subclause (1)(b) if the development is permissible only because of the Standard Instrument (Local Environmental Plans) Order 2006 , Schedule 1, clause 5.