9Exempt and complying development

9 Exempt and complying development

9 Exempt and complying development

(1) Development of minimal impact listed in Development Control Plan No 39—Exempt Development, as adopted by the Council on 12 October 2004, is exempt development, despite any other provision of this plan.

(2) Development listed in Development Control Plan No 40—Complying Development, as adopted by the Council on 12 October 2004, 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 respectively by Development Control Plan No 39—Exempt Development or Development Control Plan No 40—Complying Development, as so adopted.

(4) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 40—Complying Development adopted by the Council, as in force when the certificate is issued.

(5) Exempt and complying development may be carried out within an environmentally sensitive area described in the Table to this clause only if the development is listed in that Table as development that can be carried out in such an area.

Table

Exempt and complying development allowed within environmentally sensitive areas

| Environmentally sensitive areas | Exempt or complying development (as identified in DCP No 39 or 40) that may be carried out— | | | Exempt | Complying | | Flood affected land | All | Additions and alterations to existing dwellings;Swimming pools;Industrial and warehouse building additions;Commercial buildings—alterations and fitouts | | Heritage conservation areas | Aerials and antennae (domestic use);Aviaries;Builders’ sheds;Clotheslines;Cubbyhouses;Fish ponds;Flagpoles;Gas tanks;Gazebos;Greenhouses;Letterboxes;Restumping;Water heaters | Nil | | Catchment areas | All | Nil | | Environment Protection (Natural Vegetation and Wetlands) Zone | All (except farm sheds) | Nil | | Environment Protection (Habitat) Zone | All (except farm sheds) | Nil | | National Parks and Nature Reserves Zone | All (except farm sheds) | Nil | | Agricultural Zone | All | Swimming pools;Commercial buildings—internal alterations | | Areas identified by the Council as bush fire prone areas | All | Dwelling additions, alterations and ancillary development;Swimming pools;Industrial and warehouse buildings additions and alterations;Commercial buildings—minor internal alterations;Existing commercial buildings to be used for certain food premises;Strata subdivisions |