Exempt development under the SEPP (Exempt and Complying development Codes) 2008

Exempt development is minor development that has minimal environmental impact on neighbourhood amenity.  Exempt development does not require consent provided all prescribed standards for the development are met.

The State Government’s rules for exempt development are set out in the State Codes SEPP (Part 2) - Exempt Development Codes.

The State Codes SEPP identifies 57 types of development as exempt development.  This includes aerials, barbeques, gazebos and minor building alterations.

To determine if your proposed development is 'exempt development' under the Codes SEPP follow the 3 Step checklist.

Step 1 – Check that exempt development can be carried out on your land

Does your land meet requirements in clauses 1.15, 1.16 and 1.19 of the Codes SEPP?

For example, exempt development cannot be carried out on land on the State Heritage Register or that is subject to an interim heritage order. Exempt development must comply with Building Code of Australia provisions.

Step 2 – Go to the State Codes SEPP Part 2 Exempt Development Codes for the rules

In Part 2, does your proposed development fit into one of the exempt development types? 

Identify the ‘specified development’ and the ‘development standards’ for that development. 

Step 3 – Determine if your proposal is exempt development

If your proposal is consistent with the ‘specified development’ and meets all the ‘development standards’ it is exempt development

OR

If your proposal is not consistent with the ‘specified development’ and cannot meet all the ‘development standards’ it is NOT exempt development.  Alternatively you may consider amending your proposal or lodging a Complying Development Application or a Development Application.

Note: If your proposal is for a solar energy system, this may be exempt development subject to compliance with the development standards in SEPP (Infrastructure) 2007.