Exempt and Complying Development

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

The Codes SEPP contains the following codes for exempt and complying development:

  • Part 2 - Exempt Development
  • Part 3 - General Housing Code
  • Part 4 - Housing Alterations Code
  • Part 5 - General Commercial & Industrial Code

From 25 November 2011, the transition period for the operation of local exempt and complying development controls has been extended until that Council has made its LEP using the Standard Instrument Template. Clause 1.9 of the Codes SEPP specifies the relationship between the controls in the Codes SEPP and Council's DCP:

  • If the development type is exempt or complying in both the Codes SEPP and a Standard Instrument LEP, the Code SEPP controls apply.
  • If the development type is exempt in both the Codes SEPP and Council's DCP, the Codes SEPP controls apply.
  • If the development type is complying in both the Codes SEPP and Council's DCP, the applicant can choose to apply either the Codes SEPP or the DCP controls.
  • If the development type is complying in the Codes SEPP and exempt in Council's DCP, the Codes SEPP apply.
  • If the development type is exempt in the Codes SEPP and complying in Council's DCP, the applicant can choose to apply either the SEPP or the DCP provisions.
  • If Councils DCP specifies a development type as exempt or complying that is not the same as development specified in the Codes SEPP, the DCP provisions apply.

A copy of the Codes SEPP is available at: www.planning.nsw.gov.au/housingcode

Exempt Development

This is minor work which does not require consent and therefore does not require submission of a Development Application (DA).

Complying Development

This is small scale, low impact development that does not qualify as Exempt Development and is capable of faster approval process. Approval (Complying Development Certificate) is required but can be given by either Council or a Private Certifier.

Approval is normally granted within 7-10 days of lodging an application.

Development Requiring Consent

Any development that is not Exempt or Complying Development requires the approval of a Development Application (DA).