Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2009 (NO 1) (NO 3 OF 2009) - REG 4

after the notes, insert

    (3)     Also, development that is exempt under this section does not require development approval for a modification of the development if—

        (a)     the development has not been completed; and

        (b)     the modification would not need development approval if the modification were made after completion of the development.

Example—exemption

Construction of a dwelling that is an exempt development is in progress. The developer wishes to change the slope of the roof by less than 2 ^o (see sch 1, s 1.24). The developer may construct the dwelling with the changed roofslope (the modification ) without seeking approval for the modification.

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (4)     Also, development that is exempt under this section does not require development approval for a variation of the development if—

        (a)     the development has not been completed; and

        (b)     the variation consists of adding an exempt development to the development.

Example—exemption

Construction of a dwelling that is an exempt development is in progress. The developer wishes to incorporate a skylight that complies with the conditions in sch 1, s 1.26, and so is an exempt development. The developer may construct the dwelling with the skylight (the variation ) without seeking approval for the variation.

    (5)     Also, a development (the composite development ) is exempt from requiring development approval if the development can be notionally separated into components, each of which is an exempt development.

Example—composite development

A development consists of a dwelling with a garage, windows, doors, chimney and an aerial (the components ). As each of the components is an exempt development, the composite development is an exempt development.

    (6)     However, subsections (3), (4) and (5) do not apply in relation to a development if the modification, variation or composite development results in non-compliance with 1 or more of the following:

        (a)     schedule 1, section 1.17 (Criterion 7—no multiple occupancy dwellings);

        (b)     the requirement under schedule 1, section 1.41 that there be not more than 2 exempt class 10 buildings in a boundary clearance area in conjunction with schedule 1, section 1.18 (Criterion  8—compliance with other applicable exemption criteria);

        (c)     the requirement under schedule 1, section 1.100 (Single dwellings—new residential land) that there be not more than 1 dwelling on a block.