New South Wales Consolidated Regulations

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BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2015 - SCHEDULE 2

SCHEDULE 2 – Exempt development

(Clause 3.1)

Note 1 : State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2 : Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners' property rights and the common law still apply.

Amusement ride devices

(1) Must have the written consent of the owner of the land on which the devices will be located.
(2) Maximum rotation speed of rotating devices--14rpm.
(3) Must be small, power-operated and intended for children 12 years or under.
(4) Must only operate between 7.00 am and 10.00 pm.
(5) Maximum duration at a location--7 days.

Community events

(1) Must have the written consent of the owner of the land on which the event is to be conducted.
(2) Must only operate between 7.00 am and 10.00 pm.
(3) Must have the written approval of the relevant emergency authorities to conduct the event.
(4) Must notify residents adjacent to the site at least 7 days before the event starts.
(5) Maximum duration at a location--2 days per year.

Pollution control devices and fuel tanks (including bunding, pits, plate separators and grease traps)

(1) Installation, repair, replacement or decommission of the pollution control device or fuel tank must have been required by the Council or other public authority under the Protection of the Environment Operations Act 1997 .
(2) Must be ancillary or incidental to an approved land use.
(3) Must be installed to the manufacturer's specifications.

Subdivision (boundary realignments and consolidations)

(1) Must submit a subdivision certificate (if required by Land and Property Information) and fees for Council endorsement.
(2) Must have the agreement of Council before dedicating land for public purposes.
(3) Must not involve work on Council land including the creation of access.
(4) Must submit a section 73 certificate or waiver from Sydney Water.
(5) Must not be located on or within a heritage item or within the curtilage of a heritage item.

Waste storage containers on private land

(1) Must be stored wholly within the property boundary (ie not on the footway area or on any part of the roadway).
(2) Maximum length--4 metres.
(3) Maximum--1 container per property.
(4) Maximum duration--14 days.
(5) The supplier of container must have $10 million public liability insurance.
(6) Must have reflectors and must clearly display the name and contact details of the owner or proprietor.
(7) Must satisfy the requirements of Roads and Maritime Services.



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