10AExempt and complying development

10A Exempt and complying development

10A Exempt and complying development

(1) Development of minimal environmental impact listed in Wollongong Development Control Plan No 99/2—Exempt Development (as adopted by the Council on 5 July 1999) is exempt development, despite any other provision of this plan.

(2) Development listed in Wollongong Development Control Plan No 99/1—Complying Development as adopted by Council on 5 July 1999) 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 Wollongong Development Control Plan No 99/2—Exempt Development or Wollongong Development Control Plan No 99/1—Complying Development, whichever is applicable (as adopted by the Council on 5 July 1999).

(4) A complying development certified issued for any complying development is to be subject to the conditions for the development specified in Wollongong Development Control Plan No 99/1—Complying Development (as adopted by the Council on 5 July 1999).

(5) For the purposes of section 109D (1) (d) (iv) of the Act, an accredited certifier may be a certifying authority for the purpose of issuing a subdivision certificate for a subdivision that is complying development.

(6) Clauses 11, 12, 13, 14 (1) (e) (f) (g) (2) and (3), 17, 21, 23 and 32 do not apply to complying development or to the granting of consent in relation to complying development.

cl 10A: Ins 5.11.1999.