New South Wales Consolidated Regulations
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STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 1.19
Land on which complying development may not be carried out
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, Agritourism and Farm Stay Accommodation
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, the Agritourism and Farm Stay Accommodation 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)
significantly contaminated land, 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) in the Sydney Drinking Water Catchment, 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 2023 in relation to land in the local government area of Mosman and
identified on any map specified in Schedule 5, and
(c) on 31 December 2022 in
relation to land in the local government area of City of Sydney and identified
on a 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.
(3B) Development specified in the Low Rise Housing Diversity Code is
not complying development under that code if the development is-- (a) for the
purposes of dual occupancies, and
(b) carried out on land in Zone R2 Low
Density Residential, and
(c) permitted with development consent under State
Environmental Planning Policy (Housing) 2021 , Chapter 3, Part 12 but not
under another environmental planning instrument.
(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) in the Sydney Drinking Water Catchment, 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 Industrial and Business Buildings Code To be complying
development specified for the Industrial and Business Buildings 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) significantly contaminated land, 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) in the Sydney Drinking Water Catchment, 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.
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