11Exempt and complying development

11 Exempt and complying development

11 Exempt and complying development

(1) Development of minimal environmental impact listed as exempt development in Shellharbour Development Control Plan No 11/98 for Exempt Development, as in force on 4 May 2005, is exempt development, despite any other provision of this plan.

(2) Development listed as complying development in Shellharbour Development Control Plan No 11/98 for Complying Development, as in force on 4 May 2005, is complying development, if—

(a) it is local development of a kind that may be carried out with development 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 the relevant development control plan referred to in subclause (1) or (2).

(4) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Shellharbour Development Control Plan No 11/98 for Complying Development, as in force when the certificate is issued.

cl 11: Am 2005 (574), Sch 1 [1]–[3].