Cessnock Local Environmental Plan 2011
Current version for 17 April 2020 to date (accessed 11 July 2020 at 22:20)
Schedule 3
Schedule 3 Complying development
(Clause 3.2)
 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
Part 1 Types of development
Waterbody (artificial)—dams in Zone RU2 Rural Landscape
(1)  Maximum capacity—7ML.
(2)  Must be on land that generally has a slope of less than 18°.
(3)  Must be located more than 40m from a waterway, wastewater management system or disposal area.
(4)  Must not be on land identified as Class 1, 2 or 3 on the Acid Sulfate Soils Map.
(5)  Must not be on land that is within a mine subsidence district within the meaning of the Mine Subsidence Compensation Act 1961.
Part 2 Complying development certificate conditions
 Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Hunter Water approval
The approved plans must be appropriately certified by Hunter Water before the commencement of building works.
Certified plans and specifications on site
Certified plans, specifications and the complying development certificate must be available on site at all times during construction.
Required payments
If payments are required in relation to any of the following, evidence of those payments must be provided to the Council on or before the lodging of the complying development certificate with the Council—
(a)  road reserve deposits,
(b)  opening of roads,
(c)  inspections,
(d)  registration.
Notification to Council on completion
The Council must be notified that all works have been completed within a reasonable time after the completion of the works.
Inspections during construction
If the Council is the principal certifying authority, the person having the benefit of the complying development certificate must notify the Council at least 48 hours (in writing) or 24 hours (by telephone) before an inspection is required for any of the following—
(a)  erosion controls, site works and site set out, before building starts,
(b)  placement of piers or foundation before placing footings,
(c)  steel reinforcing before pouring concrete,
(d)  framework of structure before lining or cladding is fixed,
(e)  stormwater drainage and on-site detention before backfilling,
(f)  wet areas treated before lining or tiling,
(g)  if the development is located in an area not serviced by a reticulated sewerage system, the following additional inspections—
(i)  internal and external drainage,
(ii)  hot and cold water.