New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 2.108

2.108 General requirements

(1) To be exempt development under this code, development specified in this Division must--

(a) have the consent in writing of the owner of the land on which the development is carried out or, if a council or public authority has the control or management of the land, the consent in writing of the council or public authority,

(b) not restrict any car parking required to be provided by a condition of a development consent applying to the land or any vehicular or pedestrian access to or from the land unless that parking and access is on land owned, controlled or managed by a council or public authority and that council or public authority has given its written consent to the temporary use of the land for the erection of the temporary structure,

(c) not redirect the flow of any surface water or ground water, or cause sediment to be transported, onto an adjoining property,

(d) not result in damage to any protected tree growing on the land or on adjacent land,

(e) if it is the erection of a temporary structure--be erected on a surface that is sufficiently firm and level to sustain the structure while in use,

(f) if it is the erection of a temporary structure--be able to resist loads determined in accordance with the following Australian and New Zealand Standards--

(i) AS/NZS 1170.0:2002, Structural design actions, Part 0: General principles ,

(ii) AS/NZS 1170.1:2002, Structural design actions, Part 1: Permanent, imposed and other actions ,

(iii) AS/NZS 1170.2:2011, Structural design actions, Part 2: Wind actions ,

(g) be covered by a policy of insurance taken out by the person carrying out the development that adequately covers the public liability of the person in respect of the carrying out of the development for an amount approved by the owner of the land on which the development is carried out,

(h) have an approval for the use of the land related to the purpose of the temporary structure, unless the use of the temporary structure is specified as exempt development or is ancillary to the principal use of the land.

(2) In this clause, any development standard that specifies a separation distance to a side or rear boundary--

(a) only applies in respect of a boundary with adjoining land that is under a different ownership, and

(b) does not apply in respect of adjoining land that is owned by the council or other public authority if the written consent of the council or other public authority has been obtained.

Note : Under section 68 of the Local Government Act 1993 certain activities require the approval of the council.