35What are exempt and complying development?

35 What are exempt and complying development?

35 What are exempt and complying development?

(1) Development of minimal environmental impact listed as exempt development in Part 1 of Ballina Shire Development Control Plan—Exempt and Complying Development is exempt development, despite any other provision of this plan.

(2) Development listed as complying development in Part 2 of Ballina Shire Development Control Plan—Exempt and Complying Development is complying development if—

(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

(b) it is not an existing use, as defined in section 106 of the Act.

(3) Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Ballina Shire Development Control Plan—Exempt and Complying Development.

(4) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Ballina Shire Development Control Plan—Exempt and Complying Development adopted by the Council, as in force when the certificate is issued.

(5) In subclauses (1)–(3), Ballina Shire Development Control Plan—Exempt and Complying Development means the document titled Ballina Shire Development Control Plan—Exempt and Complying Development adopted by the Council on 26 October 2006 and amended on 26 August 2010.

cl 35: Ins 4.2.2000. Am 3.11.2000; 19.10.2001; 30.5.2003; 21.11.2003; 15.10.2004; 2006 (183), Sch 1 [10]; 2007 (143), Sch 1 [1]–[4]; 2010 (681), cl 4.