New South Wales Consolidated Regulations

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STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 2.40C

Specified development

2.40C Specified development

(1) The use of public land or private land as an outdoor dining area is development specified for this code if the use is associated with lawful food and drink premises or artisan food and drink industries.
(2) To be exempt development, the development must not--
(a) be carried out on land--
(i) in a conservation zone or in Zone E5 Heavy Industrial, or
(ii) in a place of Aboriginal heritage significance identified in a local environmental plan, or
(b) be associated with a registered club.
(3) This Subdivision does not apply to development to which Subdivision 20A applies.
(4) In this clause--

"public land" has the same meaning as in the Local Government Act 1993 and includes Crown land within the meaning of the Crown Land Management Act 2016 .



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