Complying development under Council’s DCP for Exempt and Complying Development 2000

Council’s DCP (PDF File) identifies 11 types of development as complying development.

However, many of the complying development types in Council’s DCP no longer apply as they overlap with the exempt or complying development types in the State Codes SEPP. Under the State Codes SEPP this is referred to as the “same development” (clause 1.10).

The effect of this is that only four of the complying development types in Council’s DCP are not addressed as either exempt or complying development in the Codes SEPP. These are:

• Single storey detached dwelling-houses
• Strata title subdivision of new buildings
• Swimming pools and spas, including fences and gates required under the Swimming Pools Act 1992
• Temporary buildings

If you think your development is complying development under Council’s DCP you must refer to the DCP for Exempt and Complying Development:

• Section 3.2 for the General development criteria for complying development,
• Section 3.3 Table 2 – Complying development which sets out the specific development standards that apply to each development type, and
• Schedule 2 – Complying development conditions

In addition to the above there are eight complying development types in Council's DCP that are identified as exempt development within the Codes SEPP. These development types are listed in Table 3 Development types.

Up until 27 February 2010 you can choose to undertake such development as either exempt development (under Part 2 of the Codes SEPP) or as complying development in Council's DCP.

Refer to Codes SEPP (clause 1.9(4) Exempt development under this policy and complying development under a local environmental plan or development control plan).