New South Wales Consolidated Regulations
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STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 1.9
Relationship with local environmental plans and development control plans
1.9 Relationship with local environmental plans and development control plans
(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 (1) does not apply in
relation to land in Bathurst Regional Despite subclause (1), if this Policy
and Bathurst Regional Local Environmental Plan 2014 specify the same
development as exempt development or complying 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.
(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.
(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 3.20(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 3.20(2) of the Act and includes a development control plan adopted for
the purposes of the plan.
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