4 - Other Provisions
Complying Development
Development listed in this section is complying development and as such allows structures and/or other uses to occur on land once Council or a private certifier has issued a Complying Development Certificate.
A complying development certificate can only be issued if the development satisfies all of the standards listed in Section 6.4 and if you are located in a special character area the development must satisfy the requirements contained in Section 5.1 of this DCP (Special Character Areas) Where there is a conflict between Section 6.4 and Section 5.1, the controls in Section 5.1 take precedence. If the development falls outside these standards a Development Application must be submitted.
Once a Complying Development Certificate is granted, you will not need to submit a development application or apply for a construction certificate as the Complying Development Certificate serves as both. Also there is no requirement for adjoining properties to be notified of the complying development application. (However, if a complying development certificate is issued, adjoining landowners must be notified two days before work begins.)
When lodging a Complying Development Application the following information is required to be submitted: -
- A completed application signed by the owner.
- Two sets of professionally drawn plans and specifications complying with the Building Code of Australia.
- Engineering drawings if applicable.
- A written schedule which demonstrates how the application complies with the Complying Development standards listed in this section.
The Environmental Planning & Assessment Act, 1979 (the Act) requires the Council or private certifier to process a Complying Development Certificate within 7 days from the date of submission provided the plans and specifications satisfy all of the complying development criteria of this plan.
Development is not complying development if it is carried out on a site: -
- identified by the Council or in any other environmental planning instrument or a development control plan as a heritage item or within a heritage conservation area, bushfire prone, flood liable or contaminated land, or is subject to subsidence, slip or erosion, or
- that has been previously used as a service station, or a sheep or cattle dip, for intensive agriculture, mining or extractive industry, waste storage or waste treatment, or for the manufacture of chemicals, asbestos or asbestos products, and a notice of completion of remediation work for the proposed use has not been given to the Council in accordance with State Environmental Planning Policy No 55 - Remediation of Land, or
- identified as an Aboriginal place or known Aboriginal relic, or is dedicated or reserved under the National Parks and Wildlife Act 1974, or
- within Zone 7 or 9(d), or
- within 40m of a river within the meaning of the Water Management Act, 2000, or
- is reserved or dedicated under the Crown Lands Act, 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or
