Exempt and Complying Development are prescribed categories of development that can be carried out with a simplified version of application and approval or in the case of Exempt Development, with no application.
These types of development are typically simpler developments on sites with minimal constraints that are consistent with preset specific controls.
Whilst Exempt and Complying Development can fall under several legislative frameworks, the main pathway for small scale private developments is through the State Environmental Planning Policy (Exempt and Complying Codes) 2008 (Codes SEPP). The link to the Codes SEPP can be found below
Exempt Development
Exempt development is development that will have minimal impact on the local environment and which may be undertaken without any Council approval. It is the applicant/owner's responsibility to demonstrate that works are Exempt Development if challenged to do so. If in doubt you should seek written advice from Council. Penalties may apply to works that are mistakenly carried out as Exempt Development.
There are approximately 50 development types that are potentially exempt under the Codes SEPP and include development such as front fences, carports, garden sheds and pergolas. The Department of Planning have created a guide and video links to understanding Exempt Development that can be found through the following link:
Exempt Development - Planning NSW
What if my development is not exempt development?
If your proposal does not comply with the requirements for your type of development then it is not Exempt Development. Your proposal may be Complying Development (see below) or you may need to lodge a Development Application with Council and obtain Development Consent.
Complying Development
Complying development is small scale, low impact development that does not qualify as Exempt Development but meets a set of basic requirements and conditions. Unlike Exempt Development, Complying Development requires an application to be submitted to either Council or a Principal Certifying Authority to certify that the proposal is Complying Development.
The Department of Planning has provided the following guide to Complying Development:
Complying Development | Planning Portal - Department of Planning and Environment (nsw.gov.au)
Councils guides, checklists and application forms can be found via Forms and Documents
What if my proposal does not meet the requirements for Complying Development?
If your proposal does not comply with the requirements for your type of development then it is not Complying Development. You will need to lodge a Development Application with Council and obtain Development Consent.
Additional information.
- Works must NOT commence until approval has been granted and all pre work requirements of the consent have been satisfied. If you are unsure on any of these matters please contact you Certifying Authority.
- To Book inspections with Council please telephoning Council's Development Services Section 48 hours prior to required inspection. You can book an inspection by calling 1300 292 442 between 8.30am and 5.00pm Monday to Friday.
- Council may impose a Security Bond (Damage to Council Property) if considered relevant for the development. This requirement will be included in a cover letter attached to your approval.