The issue of exempt or complying developments has come up a couple of times recently, so I thought it might be worth providing a brief overview of where these fit in the planning process.
As I have mentioned on previous occasions, planning in NSW is generally governed by a hierarchy of legislation, starting with the Environmental Planning and Assessment (EP&A ) Act and Regulation, supported by State Environmental Planning Policies (SEPPs), and locally through Local Environmental Plans (LEPs) and Development Control Plans (DCPs).
One particular SEPP, the Exempt and Complying Development Codes SEPP, is designed to streamline assessment processes for development that complies with specified development standards.
Many types of home renovations and minor building projects don’t need approval from council or an accredited certifier. These are referred to as exempt development. As long as the building project meets specific standards and land requirements (as identified in the SEPP) no planning or building approval is needed. Awnings and blinds, balconies and decks, minor building alterations, outdoor cooking structures, retaining walls and other landscaping structures, rainwater tanks and shade structures are all developments that may be exempt from development consent if they meet the required standards.
Complying development is more significant but nonetheless straightforward residential, commercial or industrial development that can be undertaken via a fast track approval process. Once again, providing the application meets specific criteria (identified in the SEPP), it can be determined by council or an accredited certifier without the need for a full development application. Examples of complying development include more substantial home renovations, or the construction of a ‘granny flat’, garage, carport or swimming pool,
If a particular development is either not identified in the SEPP, or does not meet the conditions defined therein, it is assessed under the conditions specified in the Palerang LEP.
Note that exempt and complying development is still subject to any approvals or other requirements under other legislation such as the Local Government Act 1993, Roads Act 1993 and Water Management Act 2000.
The Department of Planning is in the process of developing a range of on-line tools to assist property owners in identifying applicable development requirements. The Planning Map Portal provides land zoning information and ready access to PLEP map overlays for individual properties.
The Electronic Housing Code (EHC) allows users to determine whether proposed works are classed as exempt or complying development. (Palerang is not yet included in the EHC, but should be in the next month or so.)
Before you plan any renovations or building work, it is nonetheless a good idea to check with council to verify which planning controls apply to your property, particularly if it is heritage listed or flood affected, or you want to do work within 40 metres of a waterway, where the SEPP may not apply.
Pete Harrison ~ The Palerang Blog cross-reference
24 July 2015 @ 18:13
[…] a previous post I made reference to […]
Pete Harrison ~ The QPR Blog cross-reference
26 August 2019 @ 12:02
[…] Exempt and Complying Development […]