New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3B.2

3B.2 Development that is not complying development under this code

The following development is not complying development under this code--

(a) the erection or alteration of, or an addition to, a roof terrace on the top most roof of a building,

(b) development that is complying development under the Housing Alterations Code,

(c) development on a battle-axe lot,

(d) development on any lot on which there is a secondary dwelling or group home whether or not the development is attached to the dwelling or home,

(e) the erection of a building over a registered easement,

(f) the alteration of, or an addition to, a garage or carport that is located forward of the building line,

(g) the erection of multi dwelling housing (terraces) on bush fire prone land,

(h) development to which State Environmental Planning Policy (Housing) 2021 , Chapter 2, Part 2, Division 1 applies, unless it is development that is being carried out by or on behalf of the New South Wales Land and Housing Corporation constituted by the Housing Act 2001 ,

(i) development on unsewered land,

(j) development on land identified as susceptible to landslide risk in--

(i) an environmental planning instrument applying to the land, or

(ii) for land to which Warringah Local Environmental Plan 2011 applies--"Area C" or "Area E" on the Landslip Risk Map within the meaning of that Plan.