Table Of Contents

State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development (1981 EPI 21)

Part 1 Preliminary
pt 1, hdg: Ins 6.12.2002.
1   Name of Policy
This State environmental planning policy may be cited as State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development.
cl 1: Am 22.6.2001; 6.12.2002.
2   Definitions
(1)  In this Policy, except in so far as the context or subject-matter otherwise indicates or requires:
council, in relation to the carrying out of development, means the council of the area in which the development is to be carried out.
filming means recording images (whether on film or video tape or electronically or by other means) for exhibition or broadcast (such as by cinema, television or the Internet or by other means), but does not include:
(a)  still photography, or
(b)  video recording of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or
(c)  video recording as a visitor or tourist for non-commercial purposes, or
(d)  recording for the immediate purposes of a television program that provides information by way of current affairs or daily news.
floor space, in relation to a building, means the area of a floor of the building, where the area of the floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1 400 millimetres above the floor level, excluding:
(a)  columns, fin walls, sun control devices and any elements, projections or works outside the general line of the outer face of the external wall,
(b)  lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air-conditioning ducts,
(c)  car-parking needed to meet any requirements of the council and any internal access thereto, and
(d)  space for the loading and unloading of goods.
iconic site means any of the following land:
(a)  the land described in Schedule 1 to the Sydney Olympic Park Authority Act 2001,
(b)  the Trust lands within the meaning of the Royal Botanic Gardens and Domain Trust Act 1980,
(c)  the Trust lands within the meaning of the Centennial Park and Moore Park Trust Act 1983,
(d)  the foreshore area within the meaning of the Sydney Harbour Foreshore Authority Act 1998.
offensive noise has the same meaning as in the Protection of the Environment Operations Act 1997.
private land means land that is not a public place or an iconic site.
private service provider means a person or body that has entered into an agreement with New South Wales Fire Brigades to monitor fire alarm systems.
rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.
satellite TV dish means a dish used to receive satellite television.
water supply service pipe means a pipe connecting premises to a water main.
wind monitoring tower means a tower or other structure used to monitor wind for the purpose of investigating or determining the feasibility of a wind farm.
(2)  Part 2 of the Environmental Planning and Assessment Model Provisions 1980 applies to and in respect of this Policy in the same way as it applies to and in respect of a local environmental plan by which that Part is adopted and so applies as if the reference to “the local environmental plan” in clause 4 (1) of that Part were a reference to this Policy.
(3)  A written notice given to a council under clause 7 or 8 with respect to a change of the use of a building is a sufficient written notice, within the meaning of that clause, only if:
(a)  it is given by:
(i)  the owner of the building, or
(ii)  the occupier of the building, with the consent of the owner of the building,
and contains a statement that it is so given executed by that owner,
(b)  it contains a description of the building sufficient to identify the building and a statement of the particular purpose for which the building will be used after the notice has been given, and
(c)  it is accompanied by the fee (if any) not exceeding $50 fixed by the council for registration of the notice pursuant to clause 12.
(4)  Nothing in this Policy shall be read or construed as:
(a)  affecting any requirement to comply with a development standard,
(b)  authorising the carrying out of any development that is prohibited under the Act, except where the carrying out of the development is so prohibited by reason only of a requirement for the obtaining of development consent before it may be carried out,
(c)  authorising the change of an existing use, within the meaning of Division 10 of Part 4 of the Act, to another use, or
(d)  authorising an alteration to, or the extension or rebuilding of, a building or work being used for an existing use, within the meaning of Division 10 of Part 4 of the Act, except as provided by clause 13.
(5)  Nothing in this Policy shall be construed as permitting, without development consent being obtained therefor, development for the purposes of:
(a)  the construction or erection of, or the carrying out of work for the purpose of, an aircraft landing field or helicopter landing pad or any other facility for the landing or taking off of aircraft or helicopters,
(b)  the use of land for the landing or taking off of aircraft or helicopters,
(c)  a home industry, or
(d)  the conversion of a dwelling-house into 2 dwellings, or
(e)  a brothel (within the meaning of the Disorderly Houses Act 1943) or the alteration of a building used as a brothel.
(6)  Nothing in this Policy, except clauses 5B, 11A and 11E, and clause 13 in the case of land described in paragraph (b) or (c) of this subclause, permits the alteration of or addition to, or the extension or demolition of, a building or work:
(a)  described in an environmental planning instrument as a heritage item, an item of the environmental heritage or a potential historical archaeological site, or
(b)  on land described in an environmental planning instrument as comprising or being within a conservation area (not being a conservation area sub-catchment within the meaning of Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997)) or a heritage conservation area, or
(c)  on land described in an environmental planning instrument as comprising or being within a foreshore scenic protection area, a harbour foreshore preservation area or a beach front scenic protection area.
(7)  Notes included in this Policy do not form part of this Policy.
cl 2: Am 7.10.1983; 25.10.1991; 21.7.1995; 16.2.1996; 7.11.1997; 30.6.2000; 22.6.2001; 6.12.2002; 2004 No 55, Sch 2.34; 2006 (38), Sch 1 [1]; 2006 No 120, Sch 2.89.
3   Aims, objectives etc
(1)  This Policy is designed to permit development for a purpose which is of minor environmental significance, development for certain purposes by public utility undertakings and development on certain land reserved or dedicated under the National Parks and Wildlife Act 1974 without the necessity for development consent being obtained therefor, where:
(a)  the carrying out of that development is not prohibited under the Act, except by reason only of a requirement for the obtaining of development consent before that development may be carried out, and
(b)  the development is carried out in accordance with any development standard applying in respect of the development,
but without affecting any requirement to obtain consent or approval under any other Act in respect of the carrying out of development.
(2)  This Policy is also designed to regulate, as complying development throughout the State:
(a)  the conversion of fire alarm systems from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider, and
(b)  the conversion of fire alarm systems from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, and
(c)  the conversion of fire alarm systems from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
(3)  This Policy is also designed to allow, as exempt development throughout the State:
(a)  filming that complies with the requirements of clauses 14 and 15, and
(b)  rainwater tanks that comply with the requirements of clauses 14 and 16, and
(c)  satellite TV dishes that comply with the requirements of clauses 14 and 17, and
(d)  wind monitoring towers that comply with the requirements of clauses 14 and 18.
cl 3: Am 7.10.1983; 31.8.1984; 22.6.2001; 6.12.2002; 2006 (38), Sch 1 [2].
4   Application of Policy
(1)  Subject to subclause (2), this Policy applies to the State but does not apply to land to which State Environmental Planning Policy No 26—Littoral Rainforests or State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007 applies.
(2)  Except as provided by clauses 11A, 11E and 13, this Policy does not apply to:
(a)  land which is reserved under an environmental planning instrument for use exclusively for a purpose referred to in section 26 (c) of the Act,
(b)  land, other than land referred to in paragraph (a), which is reserved under an environmental planning instrument for use exclusively for any purpose or thing for which a site could have been reserved under section 342G (3) (e), (f), (g), (h), or (j) of the Local Government Act 1919, as in force immediately before 1 September 1980, or
(c)  land, other than land referred to in paragraph (a) or (b), which a public authority may, under an environmental planning instrument, be required to acquire by the owner of the land.
(3)  Clause 7 (2) does not apply to land within Zone No 3 (f–r) under Parramatta Local Environmental Plan 1989 (City Centre).
(4)  Clauses 9 and 10 of this Policy do not apply to land within Zone No 2 (g) under Parramatta Local Environmental Plan 1989 (City Centre) or within a conservation area as defined in that plan.
(4A)  Clause 10 does not apply to the land to which Murray Regional Environmental Plan No 2—Riverine Land applies where clause 10 would authorise a person to carry out, without development consent, works on or a use of land identified in that plan as flood liable, for the purposes of chemical, fuel or fertiliser storage.
(5)  Clauses 9 and 10 do not apply to the land to which the Sydney Regional Environmental Plan No 16—Walsh Bay applies.
(6)  Clauses 6–10 do not apply to land that is within a local government area specified in Schedule 2 or to other land specified in that Schedule.
(6A)  Clause 10 does not apply to development for which consent is required under the provisions of clause 66 of Kiama Local Environmental Plan 1996.
(7)  Clause 10 does not apply to land to which Williams River Catchment Regional Environmental Plan 1997 applies so as to allow a person to carry out, without development consent, works on or a use of land within 30 metres of the Williams River for the purposes of chemical, fuel or fertiliser storage, milking sheds, stables, chicken sheds, pig sties or the keeping of any other animal or organic materials.
cl 4: Am 31.8.1984; 5.2.1988; 16.6.1989; 21.7.1989; 25.10.1991; 31.3.1994; 21.7.1995; 27.6.1997; 3.10.1997; 26.3.1999; 16.2.2001 (see also 23.2.2001); 22.6.2001; 6.9.2002; 2007 (643), Sch 1.1 [1].
5   Inconsistency between instruments
Subject to section 74 (1) of the Act, in the event of an inconsistency between this Policy and another environmental planning instrument, whether made before or after this Policy, this Policy shall prevail to the extent of the inconsistency.
Part 2 Development without consent
pt 2, hdg: Ins 6.12.2002.
5A   Places of public worship
(1)  If:
(a)  a building is or was last lawfully used for the purpose of a place of public worship of a particular kind, and
(b)  the building could not, but for this clause, be used for the purposes of a place of public worship of another kind, except with development consent being obtained therefor,
the building may, without the necessity for development consent being obtained therefor, on not less than 40 days written notice being given to the council, be used for the purposes of a place of public worship of another kind, subject to subclause (2).
(2)  This clause does not authorise the use of a building for the purposes of a place of public worship if the use will increase or create adverse environmental impacts, such as:
(a)  emission of noise, or
(b)  movement of motor vehicles, or
(c)  parking of motor vehicles, or
(d)  significant change in the hours of use.
(3)  If, immediately before the commencement of a use of a building authorised by this clause, a condition of a development consent applied to the use of a building or the use of the land on which the building is erected, the condition applies to and in respect of the use of the building so authorised or the use of the land on which it is erected in the same way as it applies to and in respect of the former use.
cl 5A: Ins 3.3.2000.
5B   (Repealed)
cl 5B: Ins 30.6.2000. Am 22.6.2001. Subst 15.7.2002. Rep 2007 (641), Sch 5.39 [1].
6   Subdivision
(1)  Where, in the absence of this clause, a subdivision of land could be carried out, but only with development consent, for the purpose of:
(a)  widening a public road,
(b)  making an adjustment to a boundary between allotments, being an adjustment that does not involve the creation of any additional allotment,
(c)  rectifying an encroachment upon an allotment,
(d)  creating a public reserve,
(e)  consolidating allotments, or
(f)  excising from an allotment land which is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other rescue service purposes or public conveniences,
the subdivision may be carried out without that consent.
(2)  This clause does not apply:
(a)  to land described in an environmental planning instrument as comprising or being within a conservation area or a heritage conservation area, or
(b)  to land comprising, or on which is situated, an item described in an environmental planning instrument as a heritage item, an item of the environmental heritage or a potential historical archaeological site.
cl 6: Subst 7.10.1983. Am 25.10.1991; 1997 No 65, Sch 4.25 [1].
6A   (Repealed)
cl 6A: Ins 7.10.1983. Rep 22.11.1985. Ins 18.9.1987. Rep 2005 (810), cl 9 (4).
7   Shops and commercial premises etc
(1)  Subject to subclause (5), where:
(a)  a building is lawfully used, or has been lawfully constructed to be used, for the purposes of a shop of a particular kind, and
(b)  the building could not, but for this clause, be used for the purposes of a shop of another kind, except with development consent being obtained therefor,
the building may, without the necessity for development consent being obtained therefor, upon a sufficient written notice being given to the council, be used for the purposes of a shop of another kind.
(2)  Subject to subclause (5), where:
(a)  a building is lawfully used, or has been lawfully constructed to be used, for the purposes of commercial premises of a particular kind, and
(b)  the building could not, but for this clause, be used for the purposes of commercial premises of another kind, except with development consent being obtained therefor,
the building may, without the necessity for development consent being obtained, upon a sufficient written notice being given to the council, be used for the purposes of commercial premises of another kind.
(2A)  Clause 7 does not apply to land within Zone No 4 or 4 (d) under South Sydney Local Environmental Plan No 114 (Southern Industrial and Rosebery/Zetland Planning Districts).
(3)  Where:
(a)  a building is lawfully used, or has been lawfully constructed to be used, for the purposes of a social or sporting club (other than a club registered under the Registered Clubs Act 1976) or a community or cultural centre, and
(b)  the building could not, but for this clause, be used for any other of the purposes referred to in paragraph (a), except with development consent being obtained therefor,
the building may, without the necessity for development consent being obtained therefor, upon a sufficient written notice being given to the council, be used for any of those purposes.
(4)    (Repealed)
(5)  Subclauses (1) and (2) do not authorise the use of a building for the purposes of a shop or commercial premises in which:
(a)  restricted publications, within the meaning of the Indecent Articles and Classified Publications Act 1975 are shown, exhibited, displayed, sold, or otherwise rendered accessible or available to the public,
(b)  a business to which section 10 of that Act applies is conducted, or
(c)  a business is conducted, an object of which is the display or exhibition of any article, within the meaning of that Act, that is primarily concerned with sexual behaviour, but is not printed matter.
(6)  Where a building is used for the purposes of a shop or commercial premises in pursuance of this clause:
(a)  the curtilage of the shop or commercial premises shall not be used for storage or display purposes, and
(b)  the hours of operation of the shop or commercial premises shall not, in the case of a building used for the purposes of a shop or commercial premises immediately before the commencement of the use authorised by this clause, extend outside the hours during which the shop or commercial premises were so used at that time.
(7)  Where, immediately before the commencement of a use of a building authorised by this clause, a condition relating to:
(a)  the maintenance of landscaping,
(b)  the parking of vehicles, or
(c)  the provision of space for the loading or unloading of goods or vehicles,
was imposed upon the use of the building or the use of the land upon which the building was erected, that condition applies to and in respect of the use of the building so authorised or the use of the land upon which it is erected in the same way as it applies to and in respect of that former use.
cl 7: Am 7.10.1983; 19.8.1994.
8   Industry and light industry
(1)  Subject to subclauses (3) and (4), where:
(a)  a building is lawfully used, or has been lawfully constructed to be used, for the purposes of an industry, other than a light industry, and
(b)  the building could not, but for this clause, be used for the purposes of a light industry, except with development consent being obtained therefor,
the building may, without the necessity for development consent being obtained therefor, upon a sufficient written notice being given to the council, be used for the purposes of a light industry.
(2)  Subject to subclauses (3) and (4), where:
(a)  a building is lawfully used, or has been lawfully constructed to be used, for the purposes of a light industry of a particular kind, and
(b)  the building could not, but for this clause, be used for the purposes of a light industry of another kind, except with development consent being obtained therefor,
the building may, without the necessity for development consent being obtained therefor, upon a sufficient written notice being given to the council, be used for the purposes of a light industry of another kind.
(3)  Neither subclause (1) nor subclause (2) authorises, in any particular case, the use, for the purposes of a light industry, of any of the floor space of a building, if:
(a)  the total of the floor space which, in the absence of this paragraph, would be authorised to be so used in that case exceeds 500 square metres, or
(b)  the building does not have rear service access or access to off-street loading facilities.
(4)  Where a building is used for the purposes of a light industry in pursuance of this clause:
(a)  the curtilage of the building shall not be used for storage or display purposes, and
(b)  the hours of operation of the light industry shall not:
(i)  in the case of a building used for the purposes of an industry immediately before the commencement of the use authorised by this clause, extend outside the hours during which the building was so used at that time, and
(ii)  in any other case, extend outside the hours between 6 am and 6 pm.
(5)  Where, immediately before the commencement of a use of a building authorised by this clause, a condition relating to:
(a)  the maintenance of landscaping,
(b)  the parking of vehicles, or
(c)  the provision of space for the loading or unloading of goods or vehicles,
was imposed upon the use of the building or the use of the land upon which the building was erected, that condition applies to and in respect of the use of the building so authorised or the use of the land upon which it is erected in the same way as it applies to and in respect of that former use.
cl 8: Am 7.10.1983.
8A   (Repealed)
cl 8A: Ins 3.12.1999. Rep 3.3.2000.
9   Alteration of a building or work
(1)  In subclause (2), a reference to the alteration of a building or work is a reference to the making of changes:
(a)  to the internal fabric or appearance of the building or work, whether or not involving structural alterations, or
(b)  to the external fabric or appearance of the building or work, being changes that involve the repair or renovation, or the painting, plastering or other decoration, of the building or work,
but does not include a reference to the enlargement or extension of the building or work.
(2)  A building or work that, but for this clause, could not be altered except with development consent being obtained therefor may be altered without that consent.
(3)  This clause does not apply:
(a)  to a building or work described in an environmental planning instrument as a heritage item, an item of the environmental heritage or a potential historical archaeological site, or
(b)  to a building or work on land described in an environmental planning instrument as comprising or being within a conservation area or a heritage conservation area, or
(c)  to a building or work on land described in an environmental planning instrument as comprising or being within a foreshore scenic protection area, a harbour foreshore preservation area or a beach front scenic protection area.
cl 9: Am 7.10.1983; 25.10.1991.
10   Certain ancillary or incidental development
(1)  This clause applies to development on land for a purpose that is ancillary or incidental to a purpose for which the land may be used, being development:
(a)  for the purpose of parking, loading facilities, drainage, workers’ amenities, pollution control, security or for other similar purposes, or
(b)  which consists of the erection of fences, garages, fuel sheds, tool houses, milking bails, haysheds, stables, fowl houses, pig sties, barns or the like.
(2)  Development that, but for this clause, could not be carried out except with development consent being obtained therefor may be carried out without that consent.
(3)  This clause does not apply:
(a)  to development carried out on land, or in relation to a building or work, described in an environmental planning instrument as a heritage item, an item of the environmental heritage or a potential historical archaeological site, or
(b)  to development carried out on land, or in relation to a building or work on land, described in an environmental planning instrument as comprising or being within a conservation area or a heritage conservation area, or
(c)  to development carried out on land, or in relation to a building or work on land, described in an environmental planning instrument as comprising or being within a foreshore scenic protection area, a harbour foreshore preservation area or a beach front scenic protection area, or
(d)  to land, or a building or work on land, a part of which land is used:
(i)  as a means of entrance to, or exit from, the land, or
(ii)  for the loading, unloading, manoeuvring or parking of vehicles, or
(iii)  for landscaping required to be carried out or maintained by reason of a condition imposed under the Act,
if the development would prevent or restrict that use of the part of the land, or
(e)  to development authorised by clause 9, or
(f1)  to land that is a sensitive coastal location within the meaning of State Environmental Planning Policy No 71—Coastal Protection, or
(h)  to land shown as a wetland on the map marked “Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997)” or to land consisting of a scenic area shown on that map as being of significance beyond the region or of regional significance. (That map is deposited in the Parramatta office of the Department of Urban Affairs and Planning, and copies are deposited in the Department’s offices at Sydney, Newcastle and Wollongong, and in the office of each consent authority referred to in that plan.), or
(i)  to development specified in Schedule 1.
cl 10: Subst 7.10.1983. Am 12.12.1985; 25.10.1991; 13.12.1991; 7.11.1997; 16.7.1999; 1.11.2002.
11–11D   (Repealed)
cl 11: Ins 7.10.1983. Am 11.9.1987; 8.12.1989; 29.6.1990; 30.10.1992; 1.3.2002; 2006 (289), Sch 1.11. Rep 2007 (641), Sch 5.39 [1].
cl 11A: Ins 31.8.1984. Am 20.4.2000. Rep 2007 (641), Sch 5.39 [1].
cl 11B: Ins 26.2.1988. Subst 31.7.1992. Rep 2007 (641), Sch 5.39 [1].
cl 11C: Ins 25.10.1991. Subst 16.7.2004; 24.12.2004. Rep 2007 (641), Sch 5.39 [1].
cl 11D: Ins 24.12.1992. Am 1997 No 65, Sch 4.25 [2]. Rep 2007 (641), Sch 5.39 [1].
11E   Emergency and routine work by irrigation corporations
(1)  This clause applies to the following development in relation to the works of an irrigation corporation:
(a)  development consisting of emergency work,
(b)  development consisting of routine maintenance.
(2)  If, in the absence of this clause, development to which this clause applies may be carried out only with development consent, an irrigation corporation may carry out the development (and development ancillary to that development, such as the carrying out of excavation work, the construction of accessways and the provision of power supplies) without that consent.
(3)  Despite subclause (2), an irrigation corporation may carry out development only with development consent if the development consists of routine maintenance involving the demolition of a building or work described in an environmental planning instrument as a heritage item or an item of the environmental heritage.
(4)  In this clause:
demolition of a heritage item or an item of the environmental heritage means the total or partial destruction or dismantling of the item.
emergency work means the repair or replacement of any part of the works of an irrigation corporation:
(a)  because it has been (or is being) damaged by a natural disaster, an accident, an act of vandalism or a similar occurrence, or
(b)  because it has suddenly ceased to function or suddenly ceased to function adequately,
and includes work reasonably necessary to prevent or limit any further damage or malfunction.
irrigation corporation has the same meaning as in the Water Management Act 2000.
routine maintenance includes the periodic inspection, cleaning, repair and replacement of the works of an irrigation corporation, but does not include development that would result in an increase in the designed capacity of any part of those works.
works of an irrigation corporation means such works as are owned or controlled by an irrigation corporation.
cl 11E: Ins 21.7.1995. Am 31.7.1998; 2007 (641), Sch 5.39 [2]–[5].
12   Register of variations of uses
Where a written notice given pursuant to clause 7 or 8 is received by a council, it shall forthwith record that fact in a register kept for that purpose.
cl 12: Ins 7.10.1983.
12A   (Repealed)
cl 12A: Ins 2006 (581), Sch 2 [1]. Rep 2007 (641), Sch 5.39 [1].
Part 3 Complying development
pt 3, hdg: Ins 6.12.2002.
13   Conversion of fire alarms
(1)  This clause applies to a fire alarm system that can be monitored by New South Wales Fire Brigades or a private service provider.
(2)  A person must not:
(a)  convert a fire alarm system from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider, or
(b)  convert a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, or
(c)  convert a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider,
except with development consent.
(3)  Development to which subclause (2) (a), (b) or (c) applies is complying development if it consists only of:
(a)  internal alterations to a building, or
(b)  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm x 100mm x 100mm.
(4)  A complying development certificate issued in respect of complying development under subclause (3) is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
cl 13: Ins 22.6.2001.
Part 4 Exempt development
pt 4: Ins 6.12.2002.
14   Exempt development
(1)  This clause identifies the development and the requirements that must be met in respect of it for the development to be carried out without development consent as exempt development.
Note—
The Environmental Planning and Assessment Act 1979 states that exempt development:
(a)  must be of minimal environmental impact, and
(b)  cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and
(c)  cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).
(2)  Development specified in clauses 15–19 that meets the requirements for the development contained in those clauses and that complies with the requirements of this clause is exempt development for the purposes of this Policy.
(3)  To be exempt development:
(a)  the development must:
(i)  meet the relevant provisions of the Building Code of Australia, and
(ii)  be more than 1 metre from any easement or public sewer main, and
(b)  the development must not:
(i)  if it relates to an existing building, cause the building to contravene the Building Code of Australia, or
(ii)  require a tree to be removed, or
(iii)  be designated development.
(4)  Exempt development cannot be carried out on:
(a)  the site of an item of environmental heritage that:
(i)  is identified as such in an environmental planning instrument applying to the land, or
(ii)  is listed on the State Heritage Register under the Heritage Act 1977, or
(iii)  is subject to an interim heritage order under the Heritage Act 1977, or
(b)  land within a heritage conservation area that is identified as such in an environmental planning instrument applying to the land, or
(c)  land identified:
(i)  by the consent authority on a map held in the consent authority’s offices, or
(ii)  in an environmental planning instrument, or
(iii)  in a development control plan,
as an environmentally sensitive area for exempt development,
(d)  land:
(i)  that is within 40 metres of a perennial watercourse identified by a 1:50,000 topographic map held by Land and Property Information NSW, or
(ii)  that is an Aboriginal place identified by the National Parks and Wildlife Act 1974 or contains an Aboriginal relic, or
(iii)  that is reserved or dedicated under the National Parks and Wildlife Act 1974, or
(iv)  that is a State forest dedicated under the Forestry Act 1916, or
(v)  the surface of which generally has a slope greater than 18 degrees from the horizontal, or
Note—
Clause 4 provides that this Policy does not apply to certain land, including land to which State Environmental Planning Policy No 26—Littoral Rainforests or State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007 applies.
cl 14: Ins 6.12.2002. Am 2006 (38), Sch 1 [3]; 2006 (581), Sch 2 [2]; 2007 (643), Sch 1.1 [2].
15   When filming is exempt development
(1)  For filming at a particular location to be exempt development:
(a)  the filming must not create significant interference with the neighbourhood, and
(b)  a filming management plan for the filming must be prepared and lodged in accordance with subclause (2), and
(c)  the person carrying out the filming must obtain a policy of insurance that adequately covers the public liability of the person in respect of the filming for an amount of not less than $10,000,000, and
(d)  the location of the filming must be land:
(i)  that is private land, or
(ii)  that is an iconic site, or
(iii)  that is Crown land, and
(e)  if the filming is carried out on private land, the filming must not be carried out for more than 30 days within a 12-month period at the particular location, and
(f)  the person carrying out the filming must, at least 5 days before the commencement of filming at the particular location, give notice in writing of the filming to residents within a 50-metre radius of the location in accordance with subclause (3).
(2)  A filming management plan must be lodged with the consent authority for the location at least 5 days before the commencement of filming at the location, and must contain the following information and be accompanied by the following documents:
(a)  the name, address and telephone number of the person carrying out the filming (such as a production company) and of the producer for the filming,
(b)  a brief description of the filming to be carried out (for example, a television commercial, a television series, a feature film or a documentary),
(c)  the proposed location of the filming,
(d)  the proposed commencement and completion dates for the filming at the location,
(e)  the proposed daily length of filming at the location,
(f)  the number of persons to be involved in the filming,
(g)  details of any temporary structures (for example, tents or marquees) to be erected at the location for the purposes of the filming,
(h)  the type of filming equipment to be used in the filming (such as a hand-held or mounted camera),
(i)  proposed arrangements for parking all vehicles associated with the filming during the filming,
(j)  whether there will be any disruption to the location of the filming or the surrounding area and the amenity of the neighbourhood (for example, by the discharge of firearms or explosives, the production of offensive noise, vibrations, disruption to traffic flow or the release of smells, fumes, vapour, steam, soot, ash, dust, waste water, grit or oil),
(k)  whether the filming will involve the use of outdoor lighting or any other special effects equipment,
(l)  a copy of the public liability insurance policy that covers the filming at the location,
(m)  a copy of any approval given by a public authority to carry out an activity associated with the proposed filming at the location, such as the following:
(i)  an approval by the Roads and Traffic Authority for the closure of a road,
(ii)  an approval by the council for the location concerned for the erection of a temporary structure, closure of a road or a public footpath, or a restriction in pedestrian access,
(iii)  an approval by the Environment Protection Authority for an open fire,
(iv)  an approval by the NSW Police Force for the discharge of firearms,
(v)  an approval by the Department of Land and Water Conservation for the use of Crown land.
Note—
Subclause (2) does not limit the information or documents that may be submitted with a filming management plan.
(3)  The notice to residents is to be by way of a letter-box drop and is to contain the following information:
(a)  the name and telephone number of the person carrying out the filming (such as a production company) and of a contact representative of that person,
(b)  a brief description of the filming to be carried out at the location, and any proposed disruptions to the location or the surrounding area or the amenity of the neighbourhood (as referred to in subclause (2) (j)),
(c)  the proposed commencement and completion dates for the filming at the location,
(d)  the proposed daily length of filming at the location.
(4)  Clause 14 (3) (a) and (4) (d) (v) do not apply to filming that complies with this clause.
(5)  Filming that complies with this clause may be carried out on land described in clause 14 (4) (a), (b) or (c) if the filming will not involve or result in any of the following:
(a)  any changes or additions that are not merely superficial and temporary to any part of an item of environmental heritage, a heritage conservation area or an environmentally sensitive area,
(b)  the mounting or fixing of any object or article on any part of such an item or area (including any building or structure),
(c)  the movement, parking or standing of any vehicle or equipment on or over any part of such an item or area that is not specifically designed for the movement, parking or standing of a vehicle or equipment on or over it,
(d)  any changes to the vegetation on, or level of, such an item or area or any changes to any other natural or physical feature of the item or area.
(6)  Nothing in this clause or clause 14 causes an activity referred to in paragraph (a)–(d) of the definition of filming in clause 2 (1) to be development.
Note—
The following documents assist in understanding the statutory controls relating to filming:
(a)  Division 4 of Part 1 of Chapter 7 of the Local Government Act 1993,
(b)  the Local Government Filming Protocol published by the NSW Department of Local Government,
(c)  the Guide to NSW EPA Requirements for the Film and Television Industry published by the NSW Environment Protection Authority.
cl 15: Ins 6.12.2002. Am 2007 No 27, Sch 4.32; 2007 (359), Sch 2.1; 2007 (498), Sch 1 [1].
15A   When erection of tents or marquees for purposes of filming is exempt development
For the erection on land of a tent or marquee used for the sole purpose of filming to be exempt development:
(a)  the filming at the location must be exempt development under this Policy or exempt development under another environmental planning instrument, and
(b)  the total floor area of all tents or marquees erected at the location at the same time must not be more than 200 square metres, and
(c)  the tent or marquee must be located at least 3 metres from any boundary of the location concerned adjoining a public road and at least 1 metre from any other boundary of the location, and
(d)  the tent or marquee must have at least the following number of exits arranged so as to afford a ready means of egress from all parts of the tent or marquee to open space or a road:
(i)  1 exit if the floor area of the tent or marquee is not more than 25 square metres,
(ii)  2 exits in any other case, and
(e)  the width of each exit referred to in paragraph (d) must be at least:
(i)  800 millimetres if the floor area of the tent or marquee is less than 150 square metres, or
(ii)  1 metre in any other case, and
(f)  the height of the walls of the tent or marquee must not be more than:
(i)  in the case of a tent or marquee erected on private land—4 metres, and
(ii)  in any other case—5 metres, and
(g)  the height of the tent or marquee, as measured from the surface on which the tent or marquee is erected to the highest point of the tent or marquee, must not be more than 6 metres, and
(h)  the tent or marquee must resist loads determined in accordance with the Australian and New Zealand Standards entitled:
(i)  AS/NZS 1170.0:2002, Structural design actions—General principles, and
(ii)  AS/NZS 1170.1:2002, Structural design actions—Permanent, imposed and other actions, and
(iii)  AS/NZS 1170.2:2002, Structural design actions—Wind actions, and
(i)  the tent or marquee must not remain at the location more than 2 days after the completion of filming at the location.
cl 15A: Ins 2007 (498), Sch 1 [2].
16   When rainwater tanks are exempt development
(1)  For a rainwater tank to be exempt development, it must comply with the following requirements:
(a)  the capacity of the tank, or the combined capacity of tanks, on a lot must not exceed the maximum capacity,
(b)  the tank must be designed to capture and store roof water from gutters or downpipes on a building,
(c)  the tank must not collect water from a source other than gutters or downpipes on a building or a water supply service pipe,
(d)  the tank must be fitted with a first-flush device, being a device that causes the initial run-off of any rain to bypass the tank to reduce pollutants entering the tank,
(e)  the tank must be structurally sound,
(f)  the tank must be prefabricated, or be constructed from prefabricated elements that were designed and manufactured for the purpose of the construction of a rainwater tank,
(g)  the tank must be assembled and installed in accordance with the instructions of the manufacturer or designer of the tank,
(h)  the tank, and any stand for the tank, must be installed and maintained in accordance with any requirements of the public authority that has responsibility for the supply of water to the premises on which the tank is installed,
(i)  the installation of the tank must not involve the excavation of more than 1 metre from the existing ground level, or the filling of more than 1 metre above the existing ground level,
(j)  the tank must not be installed over or immediately adjacent to a water main or a sewer main, unless it is installed in accordance with any requirements of the public authority that has responsibility for the main,
(k)  the tank must not be installed over any structure or fittings used by a public authority to maintain a water or sewer main,
(l)  no part of the tank or any stand for the tank may rest on a footing of any building or other structure, including a retaining wall,
(m)  the tank must be located behind the front alignment to the street of the building to which the tank is connected (or, in the case of a building on a corner block, the tank must be located behind both the street front and street side alignments of the building),
(n)  the tank must not exceed 3 metres in height above ground level, including any stand for the tank,
(o)  the tank must be located at least 450 millimetres from any property boundary,
(p)  a sign must be affixed to the tank clearly stating that the water in the tank is rainwater,
Note—
If water in rainwater tanks is intended for human consumption, the tank should maintained to ensure that the water is fit for human consumption—see the Rainwater Tanks brochure produced by NSW Health and the publication titled Guidance on the use of rainwater tanks, Water Series No 3, 1998, published by the National Environmental Health Forum.
(q)  any overflow from the tank must be directed into an existing stormwater system,
(r)  the tank must be enclosed, and any inlet to the tank must be screened or filtered, to prevent the entry of foreign matter or creatures,
(s)  the tank must be maintained at all times so as not to cause a nuisance with respect to mosquito breeding or overland flow of water,
(t)  any plumbing work undertaken on or for the tank that affects a water supply service pipe or a water main must be undertaken:
(i)  with the consent of the public authority that has responsibility for the water supply service pipe or water main, and
(ii)  in accordance with any requirements by the public authority for the plumbing work, and
(iii)  by a licensed plumber in accordance with the New South Wales Code of Practice—Plumbing and Drainage produced by the Committee on Uniformity of Plumbing and Drainage Regulations in New South Wales,
(u)  any motorised or electric pump used to draw water from the tank or to transfer water between tanks:
(i)  must not create an offensive noise, and
(ii)  in the case of a permanent electric pump, must be installed by a licensed electrician.
(2)  Despite subclause (1) (a), a rainwater tank with a capacity exceeding the maximum capacity may be exempt development if another environmental planning instrument applying to the land concerned provides for such a rainwater tank to be exempt development.
(3)  This clause does not apply to land that is a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986.
(3A)  This clause does not apply to development carried out by or on behalf of a public authority.
Note—
See State Environmental Planning Policy (Infrastructure) 2007, which provides that certain development for the purpose of a rainwater tank carried out by or on behalf of a public authority is exempt development.
(4)  In this clause:
educational establishment means a building or place used for education (including teaching) and includes a pre-school, a school, a tertiary institution that provides formal education (such as a university or TAFE establishment) and an art gallery or museum that is not used to sell the items displayed in it (whether or not the building or place is also used for accommodation for staff or students).
maximum capacity means 10,000 litres or, in the case of a tank or tanks installed on a lot used for an educational establishment, 25,000 litres.
cl 16: Ins 6.12.2002. Am 2006 (38), Sch 1 [4]–[7]; 2007 (641), Sch 5.39 [6].
17   When satellite TV dishes are exempt development
(1)  For a satellite TV dish to be exempt development, it must comply with the following requirements:
(a)  the satellite TV dish must be erected wholly within the boundaries of a property,
(b)  the satellite TV dish must be installed in accordance with the instructions of the manufacturer and any relevant standard imposed by Standards Australia,
(c)  the satellite TV dish must not affect the structural integrity of any building on which it is erected,
(d)  if the satellite TV dish is erected on or adjacent to a dwelling, it must comply with the additional requirements set out in subclause (2),
(e)  if the satellite TV dish is erected on land that is zoned commercial or industrial under an environmental planning instrument, it must comply with the additional requirements set out in subclause (3).
(2)  If the satellite TV dish is erected on or adjacent to a dwelling, the additional requirements are as follows:
(a)  if the satellite TV dish is roof mounted:
(i)  it must have a diameter not exceeding 90 centimetres (excluding any projecting feed element), and
(ii)  the height of the satellite TV dish at any point must not exceed the highest point of the roof (if the roof is peaked) or 1.2 metres above the roof (if the roof is flat),
(b)  if the satellite TV dish is ground mounted, it must have a diameter not exceeding 90 centimetres (excluding any projecting feed element) and its height must not exceed 1.2 metres above the highest point of the roof of the dwelling on which, or adjacent to which, it is erected.
(3)  If the satellite TV dish is erected on land that is zoned commercial or industrial under an environmental planning instrument, the additional requirements are as follows:
(a)  if the satellite TV dish is roof mounted:
(i)  it must have a diameter not exceeding 1.8 metres (excluding any projecting feed element), and
(ii)  the height of the satellite TV dish at any point must not exceed 1.8 metres above the highest point of the roof structure,
(b)  if the satellite TV dish is ground mounted, it must have a diameter not exceeding 1.8 metres (excluding any projecting feed element) and its height must not exceed 1.8 metres above the highest point of the roof of any building on which, or adjacent to which, it is erected.
cl 17: Ins 2006 (38), Sch 1 [8].
18, 19   (Repealed)
cl 18: Ins 2006 (38), Sch 1 [8]. Rep 2007 (641), Sch 5.39 [1].
cl 19: Ins 2006 (581), Sch 2 [3]. Rep 2007 (641), Sch 5.39 [1].
Schedule 1 Ancillary or incidental development involving acid sulfate soils excepted from clause 10
(Clause 10 (3) (i))
Development for which the following provisions require consent is excepted from clause 10:
Clause 25A of Concord Planning Scheme Ordinance
Clause 2A of Interim Development Order No 8—Municipality of Concord
Clause 2A of Interim Development Order No 9—Municipality of Concord
Clause 2A of Interim Development Order No 10—Municipality of Concord
Clause 2A of Interim Development Order No 11—Municipality of Concord
Clause 2A of Interim Development Order No 14—Municipality of Concord
Clause 2A of Interim Development Order No 15—Municipality of Concord
Clause 2A of Interim Development Order No 16—Municipality of Concord
Clause 4A of Interim Development Order No 18—Municipality of Concord
sch 1: Ins 16.7.1999. Am 16.7.1999; 20.8.1999; 4.2.2000; 10.3.2000; 7.4.2000; 14.4.2000; 20.4.2000; 12.5.2000; 1.12.2000; 11.5.2001; 18.5.2001; 1.6.2001; 7.12.2001; 1.3.2002; 17.5.2002; 27.9.2002; 8.8.2003; 29.8.2003; 28.11.2003; 9.1.2004; 26.3.2004; 2.4.2004; 14.5.2004; 10.12.2004; 4.3.2005; 11.3.2005; 2007 (584), cl 9A.
Schedule 2 Land excepted from clauses 6–10
(Clause 4 (6))
Albury City local government area
Armidale Dumaresq local government area
Ashfield local government area
Bankstown local government area
Ballina local government area
Balranald local government area
Barraba local government area
Bathurst City local government area
Baulkham Hills local government area
Bega Valley local government area
Bellingen local government area
Berrigan local government area
Bingara local government area
Blacktown City local government area
Bland local government area
Blayney local government area
City of Blue Mountains
Bogan local government area
Bombala local government area
Boorowa local government area
Botany Bay City
Bourke local government area
Brewarrina local government area
Broken Hill City
Burwood local government area
Byron local government area
Cabonne local government area
Camden local government area
City of Campbelltown local government area
Canterbury City local government area
Carrathool local government area
Casino local government area
Central Darling local government area
City of Cessnock local government area
Clarence Valley local government area
Cobar local government area
Coffs Harbour City local government area
Conargo local government area
Concord local government area
Coolah local government area
Coolamon local government area
Cooma-Monaro local government area
Coonabarabran local government area
Coonamble local government area
Cootamundra local government area
Corowa local government area
Cowra local government area
Crookwell local government area
Culcairn local government area
Deniliquin local government area
Land to which Drummoyne Local Environmental Plan 1986 applies
Land to which Dubbo Local Environmental Plan 1997—Rural Areas applies
Land to which Dubbo Local Environmental Plan 1998—Urban Areas applies
Dungog local government area
Eurobodalla local government area
Evans local government area
Fairfield City local government area
Forbes local government area
Gilgandra local government area
Glen Innes local government area
Gloucester local government area
Gosford City local government area
Goulburn City local government area
Great Lakes local government area
City of Greater Lithgow local government area
Greater Taree City local government area
City of Griffith local government area
Gundagai local government area
Gunnedah local government area
Gunning local government area
Guyra local government area
Harden local government area
Hastings local government area
Land to which Hawkesbury Local Environmental Plan 1989 applies
Hay local government area
Holbrook local government area
Holroyd City local government area
Hornsby local government area
Hume local government area
Hunters Hill local government area
Hurstville City local government area
Inverell local government area
Jerilderie local government area
Junee local government area
Kempsey local government area
Kiama local government area
Kogarah local government area
Ku-ring-gai local government area
Kyogle local government area
Lachlan local government area
Lake Macquarie City local government area
Lane Cove local government area
Leeton local government area
Land within the Leeton local government area to which Leeton Local Environmental Plan No 35 applies
Leichhardt local government area
Lismore City local government area
Liverpool City local government area
Lockhart Shire Council’s local government area
City of Maitland local government area
Manilla local government area
Manly local government area
Marrickville local government area
Merriwa local government area
Moree Plains local government area
Mosman local government area
Mudgee local government area
Mulwaree local government area
Murray local government area
Murrumbidgee local government area
Murrurundi local government area
Muswellbrook local government area
Nambucca local government area
Narrabri local government area
Narrandera local government area
Narromine local government area
Newcastle City local government area
North Sydney Local Government Area
Nundle local government area
Oberon local government area
City of Orange
Parkes local government area
City of Parramatta local government area
Parry local government area
Penrith City
Pittwater local government area
Port Stephens local government area
Queanbeyan City local government area
Quirindi local government area
Richmond River local government area
Rockdale City local government area
City of Ryde local government area
Rylstone local government area
Scone local government area
Severn local government area
Shellharbour City local government area
City of Shellharbour local government area
City of Shoalhaven local government area
Singleton local government area
Snowy River local government area
City of South Sydney including all land shown deferred under South Sydney Local Environmental Plan 1998, but excluding land covered by Sydney Regional Environmental Plan No 26—Eveleigh Precinct and State Environmental Planning Policy No 47—Moore Park Showground
Strathfield local government area
Land to which Sutherland Shire Local Environmental Plan 2006 (including any land excluded from that plan under section 68 (5) or 70 (4) of the Act) applies
Tallaganda local government area
Tamworth
Temora local government area
Tenterfield local government area
Tumbarumba Local Government area
Tumut local government area
Tweed local government area
Uralla local government area
Urana local government area
City of Wagga Wagga local government area
Wakool local government area
Walcha local government area
Walgett local government area
Warren local government area
Waverley local government area
Land within Waverley local government area to which Waverley and Woollahra Joint Local Environmental Plan 1991—Bondi Junction Commercial Centre applies
Weddin local government area
Wellington local government area
Wentworth local government area
Willoughby City local government area
Windouran local government area
Wingecarribee local government area
Wollondilly local government area
Wollongong City local government area
Woollahra local government area (but only land subject to Woollahra Local Environmental Plan 1995 or Woollahra Local Environmental Plan No 24 or 27)
Land within Woollahra local government area to which Waverley and Woollahra Joint Local Environmental Plan 1991—Bondi Junction Commercial Centre applies
Wyong Local Government Area
Yallaroi local government area
Yarrowlumla local government area
Yass local government area
Land to which Young Local Environmental Plan 1991—Urban Lands applies
Land to which Young Local Environmental Rural Plan 1993 applies
Land to which Sydney Regional Environmental Plan No 29—Rhodes Peninsula applies
Land to which Sydney Regional Environmental Plan No 30—St Marys applies
Land to which Sydney Regional Environmental Plan No 33—Cooks Cove applies
Land shown edged heavy black on the map marked “State Environmental Planning Policy (Infrastructure) 2007—White Bay and Glebe Island Ports” held in the head office of the Department
sch 2: Ins 26.3.1999. Am 26.3.1999; 7.5.1999; 28.5.1999; 17.9.1999; 15.10.1999; 22.10.1999; 29.10.1999; 5.11.1999; 12.11.1999; 19.11.1999; 3.12.1999; 10.12.1999; 17.12.1999; 24.12.1999; 7.1.2000; 4.2.2000; 11.2.2000; 18.2.2000; 25.2.2000; 3.3.2000; 10.3.2000; 17.3.2000; 24.3.2000; 31.3.2000; 7.4.2000; 14.4.2000; 20.4.2000; 12.5.2000; 19.5.2000; 26.5.2000; 2.6.2000; 9.6.2000; 16.6.2000; 14.7.2000; 28.7.2000; 4.8.2000; 8.9.2000; 27.10.2000; 1.12.2000; 15.12.2000; 22.12.2000; 19.1.2001; 30.3.2001; 22.6.2001; 6.7.2001; 7.12.2001; 25.6.2004; 6.8.2004; 2006 (78), Sch 1.6 [1] [2]; 2006 (669), Sch 1.1; 2007 (641), Sch 5.39 [7] [8].