Exempt and complying development
Some types of development do not need a Development Application (DA). These fall into two categories:
- Exempt development – exempt from requiring development consent (although sometimes other approvals or licences may be required)
- Complying development – requires consent through a Complying Development Certificate before work commences.
Requirements for exempt and complying development are provided for by the Codes SEPP, a State Government planning instrument. The Local Environmental Plan (LEP) that applies to your land may also specify some additional exempt and complying developments that are not covered by the Codes SEPP.
A proposed development will only be considered 'exempt' or 'complying' if it satisfies all of the relevant criteria stipulated in the Codes SEPP or the relevant LEP. The applicant is responsible for ensuring that the proposed development satisfies these criteria.
Codes SEPP – State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
The Codes SEPP is a State Environmental Planning Policy (SEPP) which came into force on 27 February 2009. It 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 and Industrial Code
The Codes SEPP prevail over the Local Environmental Plan (LEP) regarding exempt and complying development. However, the LEP contains some additional exempt and complying developments that are not covered by the Codes SEPP.
Exempt Development is minor development that does not require a development application (although sometimes other approvals or licences may be required.
Examples include pergolas, cubby houses, small outbuildings, and proposals to change the use of buildings in business or light industrial zones.
Although you can carry out exempt development without lodging a formal development application with Council, you must first ensure your proposal meets the criteria of exempt development in the Codes SEPP or the relevant LEP.
The Codes SEPP allows for small scale, low impact development called complying development to follow a fast-tracked approval process. It allows for certain land within the Inner West Council area to be developed for:
- Residential and commercial development, including single and two storey dwelling houses
- Ancillary residential development
- Commercial and retail changes of use
- Commercial and retail fit-out
A proposed development will only be considered 'complying' if it satisfies all of the relevant criteria stipulated in the Codes SEPP or the relevant LEP. The applicant is responsible for ensuring that the proposed development satisfies these criteria.
Complying development is subject to the issuing of a Complying Development Certificate from Council or an Accredited Certifier. For further information on how to obtain a Complying Development Certificate from Council, please contact Council's Duty Planner on 02 9392 5000.