64Complying development

#### 64 Complying development 64 Complying development > > (1) The following development is complying development— > > > > > (a) development for the purposes of a group home if the development— > > > > > > > (i) does not result in more than 10 bedrooms on a site, and > > > > > > > (ii) satisfies the requirements for complying development specified in the Codes SEPP, clauses 1.18 and 1.19, other than clauses 1.18(1)(h), 1.19(1)(b) and 1.19(5), and > > > > > > > (iii) is not in a draft heritage conservation area, and > > > > > > > (iv) meets the development standards set out in Schedule 2, or > > > > > (b) the change of use of a lawfully constructed class 1a building within the meaning of the Building Code of Australia to a group home if the development— > > > > > > > (i) does not involve any alterations or additions to a building, and > > > > > > > (ii) does not result in more than 10 bedrooms on a site, and > > > > > > > (iii) satisfies the requirements for complying development specified in the Codes SEPP, clause 1.18, other than clauses 1.18(1)(c3) and 1.18(1)(h), or > > > > > (c) the change of use of a lawfully constructed class 1a building to a group home if the development— > > > > > > > (i) does not result in more than 10 bedrooms on a site, and > > > > > > > (ii) satisfies the requirements for complying development specified in the Codes SEPP, clauses 1.18 and 1.19, other than clause 1.18(1)(h), and > > > > > > > (iii) meets the development standards set out in Schedule 2, or > > > > > (d) the change of use of a building being lawfully used as residential accommodation, other than a building used as rural worker’s dwellings, to a group home if the development— > > > > > > > (i) is carried out by or on behalf of a relevant authority, and > > > > > > > (ii) satisfies the requirements for complying development specified in the Codes SEPP, clause 1.18, other than clause 1.18(1)(h), and > > > > > > > (iii) does not involve the erection of a new building or an increase in the footprint of the building, and > > > > > > > (iv) does not involve any alteration or additions to the building other than the following— > > > > > > > > > (A) alterations and additions carried out under the Codes SEPP, Part 4, > > > > > > > > > (B) alterations and additions carried out under the Codes SEPP, Part 8. > > > (1A) The Codes SEPP, clause 1.17A(1)(d) does not apply to development carried out under subsection (1)(b). > > > (1B) The Codes SEPP, sections 4.2(a), 4.4(1)(a), 4.4B(1)(a) and 8.3(f)(i) do not apply to alterations or additions to a building associated with development carried out under subsection (1)(d). > > > (1C) The Codes SEPP, section 1.17A(1)(d) does not apply to development carried out under subsection (1)(d) unless the development involves alterations or additions specified in subsection (1)(d). > > > (2) A complying development certificate is taken to satisfy a requirement of an environmental planning instrument or tree preservation order for a consent, permit or approval to remove a tree or other vegetation if the tree or other vegetation— > > > > > (a) would prevent the complying development from being carried out, and > > > > > (b) is not required to be retained under a condition of a development consent applying to the land, and > > > > > (c) is not listed on a register of significant trees kept by the council, and > > > > > (d) will be within 3m of any building that has an area of more than 25m2, and > > > > > (e) has a height less than— > > > > > > > (i) for development under subsection (1)(a)—8m, or > > > > > > > (ii) for development under subsection (1)(b), (1)(c) or (1)(d)—6m. > > > (3) A complying development certificate for complying development under this section is subject to the conditions specified in the Codes SEPP, Schedule 6, and, in the application of the Schedule, a reference in the Schedule, clauses 6 and 11 to a dwelling house is taken to be a reference to a group home. > > Note— > > Development specified as complying development under this section may not be undertaken as complying development if the development is on bush fire prone land—see the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065), section 100B. > > **s 64:** Am 2023 (664), Sch 1\[2\]; 2025 (512), Sch 1\[5\] \[6\].