What is complying development?
Complying development is small scale development that complies with development standards issued by the NSW State Government and can be used for some residential, commercial and industrial situations. It is a fast track single approval system that can be obtained from Council or an Accredited Certifier. Detailed plans and specifications must be submitted and a certificate issued before any work can commence.
Complying development applications have a statutory approval timeframe of 20 days for applications that require neighbour notification or 10 days for all other application.
To be able to use complying development your land must not be land that is described in Clauses 1.17A (https://www.legislation.nsw.gov.au/#/view/EPI/2008/572/part1/div2/cl1.17a), 1.18 (https://www.legislation.nsw.gov.au/#/view/EPI/2008/572/part1/div2/cl1.18) or 1.19 (https://www.legislation.nsw.gov.au/#/view/EPI/2008/572/part1/div2/cl1.19) of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 commonly called the Codes SEPP. The Codes SEPP sets out the development standards that must be met in order for a proposal to be considered as complying.
When choosing to use complying development the applicant must ensure that the proposal meets all the stipulated requirements. Council and Accredited Certifiers do not have any discretionary authority to determine applications that are not in strict compliance.
A Complying Development Certificate, once issued, will contain the conditions required under the Environmental Planning and Assessment Regulation 2000 as well as those relevant under the Codes SEPP.
A Complying Development Certificate states that the development, if constructed in accordance with the approved plans will comply with all relevant development standards and requirements.
Some examples of works that can be consider as complying development include:
- internal or external alterations and/or additions to dwelling houses
- shade structures, conservatories, awnings and pergolas
- new dwelling houses
- fences and retaining walls
- swimming pools and spas
- internal alterations to commercial and industrial buildings
- shop or office fit-outs, shop-fronts and awnings
- certain types of land and strata subdivision
- changes of certain commercial and industrial uses
- demolition of certain buildings
- temporary structures and marquees
- fire safety upgrading work
The detailed provisions for complying development are contained in a State Planning Policy (https://www.legislation.nsw.gov.au/#/view/EPI/2008/572) or Local Environmental Plan for the former Council areas of Boorowa (https://www.legislation.nsw.gov.au/#/view/EPI/2012/252), Harden (https://www.legislation.nsw.gov.au/#/view/EPI/2011/79) or Young (https://www.legislation.nsw.gov.au/#/view/EPI/2010/404).