Where a development type is listed as exempt development in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and complying in Council’s DCP (PDF File), a person can choose to use either the SEPP or Council's DCP—as stated in the Department of Planning Fact Sheet "Exempt development: frequently asked questions".
A list of development types which fall under this category are listed below.
| Exempt in the SEPP | Complying in Council's DCP |
|---|---|
| Air-conditioning systems | Air handling system |
| Bed and breakfast accommodation | Bed and breakfast accommodation |
| Carports | Carports and garages, excluding corner allotments and allotments with two street frontages |
| Fences (non-rural) behind the building line | Fences side and rear |
| Balconies, decks, patios, pergolas, terraces and verandahs | Pergolas |
| Communication dishes (radio and satellite) | Satellite dishes (residential) |
| Satellite dishes (commercial) |
For example, an air conditioning/air handling system is complying development under Woollahra's DCP and exempt development under the SEPP though the development criteria differ.
In this instance you can choose to undertake the development type without development consent provided the development complies with exempt development criteria in the SEPP. Alternatively, you can apply for a complying development certificate from either Council or an accredited certifier, provided the development complies with the specific development criteria in Council's Exempt and Complying DCP. This will apply until 27 February 2010.
If the proposed development type does not comply with the SEPP or Council's DCP you will need to submit a Development Application.