10Complying development

10 Complying development

10 Complying development

(1) Development listed in Section A10—Exempt and Complying Development of Tweed Development Control Plan, 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 by section 106 of the Act.

(2) Despite subclause (1), development is complying development only if it—

(a) meets the applicable requirements in Section A10—Exempt and Complying Development of Tweed Development Control Plan, and

(b) is not subject to a provision in Part 5, 6, 7, 8 or 11 of this plan that requires the consent authority to be satisfied as to certain matters specified in this plan before consent may be granted for it, and

(c) is not carried out on land that—

(i) is critical habitat (within the meaning of the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994), or

(ii) is within a wilderness area (under the Wilderness Act 1987), or

(iii) is subject to an order under the Heritage Act 1977, or

(iv) is an Aboriginal place under the National Parks and Wildlife Act 1974, or

(v) is land identified as “coastal wetlands” or “littoral rainforest” on the Coastal Wetlands and Littoral Rainforests Area Map, within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 2, or

(vi) (Repealed)

(vii) is listed as the site of a heritage item in Schedule 2 or is in a heritage conservation area, or

(viii) is identified, on a register or map kept by the Council and available for inspection at the office of the Council, as being below the 1:100 year flood level, contaminated, within a buffer area, subject to subsidence, slip or erosion, or in an area having significant bushfire hazard risk, or