Council’s DCP for Exempt and Complying Development was adopted in 2000 and identified 53 types of development as exempt development and 11 types of development as complying development. More recently, however, the State Government has introduced the State Codes SEPP which also identifies exempt development and complying development.

This gives rise to a situation where Council’s DCP and the State Codes SEPP often both seek to address the same or similar types of development as exempt or complying.

For example, both identify “barbeques” as exempt development though the development standards, such as the maximum size of the barbeque, are different. This is referred to as the ‘same development’ under clause 1.10 of the State Codes SEPP.

In such circumstances the State Codes SEPP will override Council’s DCP and the exempt and complying development standards in the Codes SEPP must be applied instead of Council’s DCP.

You must check both the SEPP and Council’s DCP to determine if your development is the ‘same development’. To assist you identify whether the State Codes SEPP or Council’s DCP applies, the DCP has been marked up to identify the development types we consider to be the same under the State Codes.