Do I need to obtain development consent?
What is exempt development?
Exempt development is development that does not require consent (however sometimes other approvals or licences may be required) is known as ‘exempt development’. Such development is categorised as exempt development because it is considered to be of a minor nature and has minimal environmental impact.
What is complying development?
Complying development is development that is considered to be of a moderate nature, the potential impacts of which need to be managed accordingly. Complying development requires consent through the issuing of a Complying Development Certificate (CDC).
Where are the types of exempt and complying development identified?
Most types of ‘exempt’ or ‘complying’ development are identified in the following planning instruments:
Other less common types of ‘exempt’ or ‘complying’ development are also identified in:
What are the requirements of exempt’ or ‘complying’ development?
Developments will only be considered to be ‘exempt’ or ‘complying’ development if the proposed development satisfies all the relevant the requirements of the planning instrument they are identified in.
It is the responsibility of the applicant to ensure that the proposed development achieves all of the exempt or complying development requirements stipulated under the Codes SEPP or Council’s DCP 35. Council and Accredited Certifiers have no discretionary authority when it comes to complying development which means that if a proposed develoment does not satisfy the criteria for being exempt or complying development the applicant must obtain development consent from Council.
More information on the requirements of the Codes SEPP can be found
here
More information on the requirements of DCP 35 can be found
here
How does the Codes SEPP related to DCP 35?
-
If the Codes SEPP (or another SEPP) and DCP 35 specify the same type of development as exempt development, DCP 35 does not apply to that development.
-
If the Codes SEPP and DCP 35 specify the same development as complying development, a person can choose betweenthe Codes SEPP or DCP 35.
-
If the Codes SEPP specifies development as complying development and DCP 35 specifies the same development as exempt development, DCP 35 does not apply to that development.
-
If the Codes SEPP specifies development as exempt development and DCP 35 specifies the same development as complying development, a person can choose between the Codes SEPP or DCP 35.
-
If DCP 35 specifies exempt development or complying development that is not the same as development specified as either exempt development or complying development in the Codes SEPP, then the Codes SEPP does not affect the operation of DCP 35 in relation to that development.
Exempt Development
Development must satisfy some prerequistes before any work can be considered to be exempt development. Those prerequisites are identified in the following documents:
1. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 – also known as the “Codes SEPP”
-
General requirements for exempt development - Clause 1.16
-
Land-based requirements forexempt and complying development -
Clause 1.19
2. Leichhardt Development Control Plan No 35
-
General and land based requirements for exempt Exempt development - Part B 1. Exempt Development Prerequistes
-
Specific requirements for exempt development categories - Part B 2. Exempt Development Schedule
If the proposed development satisfies all the requirements stipulated under the Codes SEPP or Council’s DCP the applicant may proceed without consent.
Complying Development
Development must satisfy some prerequistes before it can be considered to be complying development. Those prerequisites are identified in the following documents:
1.
State Environmental Planning Policy (Exempt and Complying Development) Codes 2008 (the Codes SEPP)
There are currently seven (7) Complying Development Codes under the Codes SEPP. These include:
1. General Housing Code – includes construction of single and two(2) storey dwelling houses and ancillary development.
2. Rural Housing Code – includes alterations and additions to existing houses and ancillary development in rural zones. Not applicable to Leichhardt LGA.
3. Housing Alterations Code – includes internal and external alterations and additions to existing dwelling houses.
4. General Development Code – includes development standards for other development types which do not fit within other sections of the SEPP (e.g. Bed and Breakfast accommodation).
5. General Commercial and Industrial Code – includes internal building alterations, change of use proposals, mechanical ventilation systems, shop front and awning alterations to commercial and industrial premises.
6. Subdivisions Code – includes development standards for strata subdivision of existing buildings (other than dual occupancies).
7. Demolition Code – outlines the development standards for demolition.
For any Development that is considered to be complying development under the Codes SEPP (Clause 1.17A) approval can not be carried out on land within Leichhardt municpality if all or part of a lotis:
If only a part of a lot is affected by any of the above constraints, complying development must not be carried out on any part of that lot.
In addition to the above, complying development under the General Housing Code (Clause 1.19) cannot be carried out on land within Leichhardt municpality if it is:
-
identified as a draft heritage item, or (
Note. Council does not
currently
have any draft heritage items)
-
within a heritage conservation area or a draft heritage conservation area, unless the development is a detached outbuilding or swimming pool, or (Note. Council does not currently have any draft conservation areas)
Leichhardt Local Environmental Plan 2000 - Heritage Conservation Map
reserved for a public purpose in an environmental planning instrument, or
2. Leichhardt Development Control Plan No. 35
DCP 35 (DCP 35)
Where development is not identified as complying development under the Codes SEPP For all reference should be made to the following sections of the Leichhardt Development Control Plan No.35 as the proposed development may be considered to be complying development under the provisions of DCP. No.35 complying development that is not covered by the Codes SEPP the following applies:
-
General & land based requirements for complying – Part C 1. Complying Development Prerequistes
-
Specific requirements for exempt development categories – Part C 2. Complying Development Schedule
Planning Certificates
Applicants are encouraged to order a
s149 planning certificate
to confirm whether or not the complying development provisions of the Codes SEPP apply to their land.
Obtaining a Complying Development Certificate (CDC)
Applicants should lodge a complying development application with either Council or an Accredited Certifier who is required to be determine the application within a statutory timeframe of ten (10) days. If approved a CDC Complying Development Certificate will be issued and the development can commence.
Applicants who wish to lodge a complying development certificate application with Council please
click here
.
Useful Links
Contacts
Council's Duty Planner
Tel: 02 9367 92 22
Department of Planning and Infrastructure Infromation Centre
Tel: 02 9228 6333
Email:
information@planning.nsw.gov.au