Exempt and Complying Development

State Environmental Planning Policy (Exempt & Complying Development Codes) 2008

State Environmental Planning Policy (Exempt & Complying Development Codes) 2008

The State Environmental Planning Policy (Exempt & Complying Development Codes) 2008 is a State Government planning policy that commenced on 27 February 2009.

Developments that are covered under this code are-

  1. Exempt Development – A series of minor developments are covered under this code. If the prescribed criteria is met, consent is not required to be obtained.
  2. Complying Development – if you meet the prescribed criteria, consent can be obtained. Please note, that development standards can not be varied in a Complying Development Application.

Complying Development Applications may be approved by a private certifier or Council and do not require any public notification or advertising.

The code can be accessed through the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

For further information regarding the Exempt and Complying SEPP please e-mail or call the Department of Planning’s Information Centre on 1300 305 695.

Frequently Asked Questions

What areas allow me to undertake work using the Exempt and Complying Development under the SEPP?

Clause 1.19 of the SEPP identifies areas where Complying Development is not allowed.

Council staff will not be able to provide verbal information in relation to the excluded areas either over the counter or on the phone. This information may be identified by purchasing a Section 149 Planning Certificate.

Applying for a Complying Development under the SEPP?

Cumberland City Council has capable and experienced staff that can issue Complying Development certificates under the SEPP.Council is able to issue Complying Development Certificate within 20 days, subject to meeting the pre-determined criteria outlined in Housing Code.

The controls in the SEPP for a two story house are too rigid. Can I make variations and still get an approval?

No. The SEPP has specific requirements and a failure to comply on any of these requirements will result in the application unable to be determined by the SEPP. If a variation to a standard is required, it can only be varied under a Development Application.

My neighbour demolished their house and started building a new dwelling. I have a right to know about a development adjoining my property. Why wasn’t I notified?

The State Government’s SEPP for Exempt and Complying Development makes no provision for notification and the community input.

There is a requirement for the certifier, either Council or private, to notify neighbours within 40m of the proposed development that a Complying Development Certificate has been issued. This must be done within 2 days of the Certificate being issued, but this is only a notification and you will not be able to comment on the plans during this stage.

Can I lodge a Development Application instead of a Complying Development Application?

Yes, you have a choice. It is not mandatory to submit a Complying Development Application.

Cumberland City Council has duty planning staff who will be happy to assist you with any questions you have regarding the legislation. They will also be able to assist with all other enquiries regarding Council’s planning controls and Policies

For more information or assistance in lodging a Complying Development Application, please contact Council’s Customer Service Centre on 8757 9000.