State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

The following development is not complying development under this code— (a) development on bush fire prone land, (b) development on a flood control lot, (c) development that is complying development under the Housing Alterations Code, (d) development on a battle-axe lot, (e) development on any lot on which there is a secondary dwelling or group home, whether or not the development is attached to the dwelling or home, (f) the erection of a building over a registered easement, (g) development to which State Environmental Planning Policy (Housing) 2021 , Chapter 2, Part 2, Division 1 applies, unless it is development that is being carried out by or on behalf of the New South Wales Land and Housing Corporation constituted by the Housing Act 2001 , (h) development on unsewered land, (i) development on land identified as susceptible to landslide risk in— (i) an environmental planning instrument applying to the land, or (ii) for land to which Warringah Local Environmental Plan 2011 applies—“Area C” or “Area E” on the Landslip Risk Map within the meaning of that plan. Note— A planning certificate from a council will state whether or not a lot is a flood control lot. cl 3BA.6: Ins 2025 (355), Sch 1[6].