New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 1.19

1.19 Land on which complying development may not be carried out

(1) Specific land exemptions for Housing Code, Inland Code, Low Rise Housing Diversity Code, Rural Housing Code and Greenfield Housing Code To be complying development specified for the Housing Code, the Inland Code, the Low Rise Housing Diversity Code, the Rural Housing Code or the Greenfield Housing Code, the development must not be carried out on--

(a) land within a heritage conservation area or a draft heritage conservation area, unless the development is a detached outbuilding, detached development (other than a detached studio) or swimming pool, or

(b) land that is reserved for a public purpose by an environmental planning instrument, or

(c) land identified on an Acid Sulfate Soils Map as being Class 1 or Class 2, or

(c1) land that is significantly contaminated land within the meaning of the Contaminated Land Management Act 1997 , or

(d) land that is subject to a biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995 or a property vegetation plan approved under the Native Vegetation Act 2003 , or

(d1) land that is subject to a private land conservation agreement under the Biodiversity Conservation Act 2016 or that is a set aside area under section 60ZC of the Local Land Services Act 2013 , or

(e) land identified by an environmental planning instrument as 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--

(i) a coastline hazard, or

(ii) a coastal hazard, or

(iii) a coastal erosion hazard, or

(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--

(i) the erection of ancillary development, attached development or detached development, or

(ii) the alteration of, or an addition to, ancillary development, attached development or detached development, or

(i) land that is declared to be a special area under the Water NSW Act 2014 , or

(j) unsewered land--

(i) to which State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 applies, if that development will result in an increase to the number of bedrooms on the site or a site disturbance area of more than 250m 2, or

(ii) in any other drinking water catchment identified in any other environmental planning instrument.

(2) Development specified in the Housing Code, Inland Code or the Low Rise Housing Diversity 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--

(a) on 30 November 2018 in relation to land in the local government area of Lake Macquarie and identified on State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Lake Macquarie Complying Development Land Map (SEPP_ECD_4650_LCD_002_20130730) specified in Schedule 5, and

(b) on 30 November 2021 in relation to land in the local government area of Mosman and identified on any map specified in Schedule 5.

(3A) Development specified in the Low Rise Housing Diversity Code is not complying development under that code if it is carried out on land on which there is a heritage item or a draft heritage item.

(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--

(a) to which State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 applies, if that development will result in an increase to the number of bedrooms on the site or in a site disturbance area of more than 250m 2, or

(b) in any other drinking water catchment identified in any other environmental planning instrument.

(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--

(a) land within a heritage conservation area or a draft heritage conservation area, or

(b) land that is reserved for a public purpose in an environmental planning instrument, or

(c) land identified on an Acid Sulfate Soils Map as being Class 1 or Class 2, or

(d) land that is significantly contaminated land within the meaning of the Contaminated Land Management Act 1997 , or

(d1) land that is subject to a private land conservation agreement under the Biodiversity Conservation Act 2016 or that is a set aside area under section 60ZC of the Local Land Services Act 2013 , or

(e) land that is subject to a biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995 or a property vegetation plan approved under the Native Vegetation Act 2003 , or

(f) land identified by an environmental planning instrument as 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--

(i) a coastline hazard, or

(ii) a coastal hazard, or

(iii) a coastal erosion hazard, or

(h) land in a foreshore area, or

(i) unsewered land--

(i) to which State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 applies, or

(ii) in any other drinking water catchment identified in any other environmental planning instrument.

(6) Specific land exemptions may apply only to part of a lot Nothing in this clause prevents complying development being carried out on part of a lot that is not land referred to in this clause even if other parts of the lot are such land.

(7) Savings and transitional provision The amendment made to subclause (1) by State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Inland Code) 2019 applies to applications for complying development certificates made, but not finally determined, on or after 1 January 2019.