7What is exempt and complying development?

7 What is exempt and complying development?

7 What is exempt and complying development?

(1) Development of minimal environmental impact listed as exempt development in Part 5 (Exempt and Complying Development) of Penrith Development Control Plan 2006, as adopted by the Council on 21 August 2006, is exempt development, despite the provisions of any other environmental planning instrument applying to the land to which this plan applies.

(2) Development listed as complying development in Part 5 (Exempt and Complying Development) of Penrith Development Control Plan 2006, as adopted by the Council on 21 August 2006, 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 Part 5 (Exempt and Complying Development) of Penrith Development Control Plan 2006, as adopted by the Council on 21 August 2006.

(4) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Part 5 (Exempt and Complying Development) of Penrith Development Control Plan 2006 adopted by the Council, as in force when the certificate is issued.

cl 7: Am 26.11.2001; 29.10.2004; 2006 (755), Sch 2 [1]–[3].