In February 2009, the NSW Government introduced the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP). The SEPP now lists more than 50 different types of Exempt Development where, subject to satisfying the pre-determined standards can be undertaken without the need for prior planning or construction approval from Council (or a private certifier). However, other legislative requirements for approvals, licences, permits and authorities still apply.
The Specified Development (types of development) and Development Standards (requirements) for each Exempt Development type in the SEPP must also be read in conjunction with the other relevant clauses including, but not limited to:
Clause 1.15 What development is exempt development?
Clause 1.16 General requirements for exempt development
Part 2 Note 2 Adjoining owners’ property rights, common law and other legislative requirements
To determine whether the proposed development is exempt from requiring Development Consent, an applicant must establish that the proposal will comply with the planning controls and development standards. The following additional information in relation to the property will need to be determined:
- Land use zoning
- Is the land mapped as an Environmentally Sensitive Area (ESA) (including Terrestrial Biodiversity)
- Heritage Listing
- Located within a Heritage Conservation Area
- Bushfire prone
- Flood prone
- A declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016.
- Easements on the land and covenants applying to the property – available on Certificate of Title which can be obtained from NSW Land Registry Services
This information can be obtained from mapping available at:
Other parts of the SEPP may also be important such as interpretations (definitions). It is therefore your responsibility to ensure the proposal fully complies with the planning controls and Development Standards and that you have read the full and latest version of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 before taking any action. The SEPP is available at https://www.legislation.nsw.gov.au
Relevant Development Provisions