Exempt and Complying Development
Exempt Development
Exempt development is development that will have minimal impact on the local environment (eg a low front fence, barbeque, solar hot water heater or pergola). If your proposed development complies with the requirements for each development type, you do not need approval from Council.
Development which does not fall within the listed exempt development criteria requires a complying development certificate or development consent.
Complying Development
Complying development is development that is considered to be predictable in its environmental impact and therefore of minor consequence. If your proposed development satisfies the subject requirements, you can apply for a complying development certificate from the Council or a qualified professional in the private sector (known as a Private Certifying Authority) and these certificates are required to be issued within ten (10) days. Refer to Council's Complying Development Certificates page for further information.
There is no requirement under State Environmental Policy (Exempt and Complying Development Codes) 2008 to notify neighbours about a proposed development prior to the issue of the complying development certificate.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP) lists 41 types of minor residential development that can proceed as exempt development. The Code also outlines how residential developments such as detached one and two storey dwellings, home extensions and other ancillary development such as swimming pools can proceed on lots greater than 450 square metres as complying development with council or accredited certifier approval within 10 days.
The SEPP commences on 27 February 2009 and has state-wide application. Consequently, from that date the exempt development provisions (for the types of development covered by the SEPP) in the Canada Bay Local Environmental Plan, 2008 (LEP) will no longer apply. If Council's LEP nominates a development type as exempt or complying and the SEPP does not deal with that development type, then Council's current provisions for that development type will still apply. Note: The exempt development criteria for Change of Use, Business use of Public Footpaths and Signage contained within the LEP will continue to apply.
Where the same development type is specified as complying development in the SEPP and as exempt development in Council's LEP, then the provisions of the SEPP prevail and the development can be carried out as complying development subject to compliance with development standards contained in the SEPP.
Where the SEPP specifies a development type as exempt and Council's LEP nominates it as complying, applicants can, until 27 February 2010, choose to use either set of provisions as the basis on which to carry out their development as exempt development.
Where the SEPP specifies a development type as complying and Council's LEP also nominates the development type as complying, applicants can, until 27 February 2010, choose to use either set of provisions as the basis on which to prepare an application for a complying development certificate. You must specify on your application which set of complying development controls you are applying to your proposal.
Not all sites are suitable to be assessed as Complying Development. Some sites such as Heritage Items or sites within a Conservation Area, for example, are unable to be Complying Development. If the site does not meet the land based requirements the proposal cannot be determined as Complying Development.
There are two ways that you can determine whether you meet the Land Based requirements:
- You can carry out research to determine whether your site is excluded under the SEPP or;
- You can apply to Council for a s149 Planning Certificate under Sec 149(2) of the Environmental Planning and Assessment Act that will identify whether the site meets the land based criteria.
Further information on the NSW Housing Code is available at www.planning.nsw.gov.au/housingcode, by e-mailing planningreform@planning.nsw.gov.au, or calling the Department of Planning's Information Centre on 1300 305 695 or 9228 6333. Alternatively you can contact Council's Duty Planner on 9911 6555.