State Environmental Planning Policy (Infrastructure) 2007
Division 5 Complying development
Note.Clause 1.17A of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 contains requirements that must be met for development to be complying development.
20B General requirements for complying development
(1) This clause applies to any development that this Policy provides is complying development.(2) To be complying development, the development must—(a) not be exempt development under this Policy, and(b) be permissible, with consent, under an environmental planning instrument applying to the land on which the development is carried out, andNote.Accordingly, development that is permitted to be carried out without consent is not complying development.(c) meet the relevant provisions of the Building Code of Australia, and(c1) must be carried out in accordance with the relevant provisions of the Blue Book, and(d) before the complying development certificate is issued, have written consent from the relevant roads authority, if required by the Roads Act 1993—(i) for each opening of a public road required by the development, and(ii) to operate or store machinery, materials or waste required by the development on a road or footpath reserve, and(e) if it is the alteration or erection of improvements on land in a mine subsidence district within the meaning of the Mine Subsidence Compensation Act 1961, have the prior approval of the Mine Subsidence Board, andNote.Information about mine subsidence is information that is a prescribed matter for the purpose of a planning certificate under section 10.7(2) of the Act.(f) not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent, andNote.A permit for the removal or pruning of a tree or other vegetation may be granted under a local environmental plan. A development consent for the removal of native vegetation may be granted under the Native Vegetation Act 2003.(g) not be carried out within 1m of any public sewer, if the development comprises the erection of a building, except with the written approval of the authority that has management or control of that sewer, and(h) not involve the removal of asbestos, unless that removal is undertaken in accordance with Working with Asbestos: Guide 2008 (ISBN 0 7310 5159 9) published by the WorkCover Authority.
20C General conditions of complying development certificates
Note.The Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Noise Control) Regulation 2008 contain provisions relating to noise.(1) General A complying development certificate for complying development under this Policy is subject to the conditions specified in this clause.Note.The regulations made under the Act contain additional conditions of a complying development certificate.(2) Conditions applying before works commence A temporary hoarding or temporary construction site fence must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of works if the works—(a) could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic, or(b) could cause damage to adjoining lands by falling objects, or(c) involve the enclosure of a public place or part of a public place.Note.See the entry for hoardings in Schedule 1. See also the entry for scaffolding, hoardings and temporary construction site fences in the General Exempt Development Code in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.(3) Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons employed at the site.(4) Each toilet must—(a) be a standard flushing toilet connected to a public sewer, or(b) have an on-site effluent disposal system approved under the Local Government Act 1993, or(c) be a temporary chemical closet approved under the Local Government Act 1993.(5) A garbage receptacle must be provided at the work site before works begin and must be maintained until the works are completed.(6) Conditions applying during works Construction or demolition may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction or demolition is to be carried out at any time on a Sunday or a public holiday.(7) Works must be carried out in accordance with the plans and specifications to which the complying development certificate relates.(7A) If works involve the demolition of a building, demolition must be carried out in accordance with Australian Standard AS 2601—2001, The demolition of structures.(8) Erosion and sediment controls must be effectively maintained until the site has been stabilised and landscaped.(8A) If any object (other than an Aboriginal object) having interest due to its age or association with the past is discovered during the course of the work—(a) all work must stop immediately, and(b) the Office of Environment and Heritage must be advised of the discovery.Note.Depending on the nature and significance of the object, an archaeological assessment and excavation permit under the Heritage Act 1977 may be required before the work can continue.(8B) If any Aboriginal object (including any evidence of habitation or remains) is discovered during the course of the work—(a) all work must stop immediately, and(b) the Chief Executive of the Office of Environment and Heritage must be advised of the discovery in accordance with section 89A of the National Parks and Wildlife Act 1974.Note.If an Aboriginal object is discovered, an Aboriginal heritage impact permit may be required under the National Parks and Wildlife Act 1974.(8C) Dirt, sand and other materials relating to the construction or other work comprised in the development and loaded on to any vehicles entering or leaving the site must be covered.(8D) All vehicles, before leaving the site, must be cleaned of dirt, sand or other materials that have adhered during that construction or other work and could be tracked onto public roads.(9) Building, or demolition, materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.(10) Demolition materials and waste materials must be sorted, and must be disposed of at a waste or resource management facility.(11) The work site must be left clear of waste and debris at the completion of the works.(12) Utility services If the complying development requires alteration to, or the relocation of, utility services on the lot on which the complying development is carried out, the complying development is not complete until all such works are carried out.(13) Post-works requirements If—(a) the development involves the erection or change of use of a building within a water supply authority’s area of operations, andthe building cannot be occupied before such a certificate has been obtained.(b) the water supply authority requires a certificate of compliance to be obtained with respect to the erection or change of use of the building,(14) In this clause—certificate of compliance, in relation to a water supply authority, means a certificate of compliance issued by the water supply authority under the Act under which the water supply authority is constituted.means—