Planning & Development

Exempt and Complying Development

With the introduction of State Environmental Planning Policy (Exempt and Complying Development 2008) some small scale development, primarily residential in nature, can either be Exempt Development (ie: does not require Council approval) or is capable of being certified, or approved, by way of Complying Development provisions of the Environmental Planning and Assessment Act.

Exempt Development

Exempt development catergories are identified under the SEPP with numerous types of minor residential developments (eg: decks, fences, bbqs, pergolas, privacy screens) nominated as being able to be constructed without any planning approval.

The NSW Governments Housing Code website provides detailed information of exempt development types and associated development standards. A detailed list of Exempt Development types can be found here: -

Exempt Development on the Housing Code website.

If your proposal does not comply with the all of the Exempt Development provisions, it requires the submission and subsequent approval of an application prior to the commencement of any work.

Complying Development

Complying Development is essentially work carried out to a defined set of standards (eg: height limits, floor space ratio, distances to boundaries, compliance with the Building Code of Australia) which may be certified by either a Council or a privately accredited certifier.

Complying Development is development that does not require neighbour notification during the assessment process and therefore provides a streamlined approval process.

The complying development portion of the SEPP is commonly referred to as the 'Housing Code' and provides for approval of residential developments including detached single and double storey dwellings, home extensions and other ancillary development.

To be eligible for a complying development certificate, a proposal must meet all of the relevant development standards nominated.

The relevant complying development standards can be reviewed at:

http://housingcode.planning.nsw.gov.au/


Should you wish to lodge a Complying Development application with Blacktown City Council, the CDC application form is available here:  Complying Development Certificate Application

Should you have any further questions in relation to Exempt and Complying Development, please contact Council's Duty Building Surveyor on (02) 9839-6000 during office hours.

Where to Next ?

The SEPP, and Housing Code particularly, is the first stage of a series of similar documents, which will also encompass industrial, commercial, retail and medium density residential use.

For full details regarding the implementation of the next stages of the SEPP and Housing Code, please visit the NSW Department of Planning and Infrastructure's website