Exempt Development

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008

In February 2009, the NSW Government introduced the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP).

The Policy aims, in part, to provide streamlined assessment processes for development that complies with specified development standards by:

(a)  providing Exempt and Complying Development Codes that have state-wide application, and

(b)  identifying, in the Exempt Development Codes, types of development that are of minimal environmental impact that may be carried out without the need for development consent.

The SEPP now lists more than 80 different types of Exempt Development where, subject to satisfying the pre-determined standards can be undertaken without the need for prior planning or construction approval from Council (or a Private Certifier). However, other legislative requirements for approvals, licences, permits and authorities still apply. 

The Specified development (types of development) and Development standards (requirements) for each exempt development type in the SEPP must also be read in conjunction with all relevant clauses of: 

Part 1 Division 1 – Preliminary

Part 1 Division 2 – Exempt and Complying Development

and

Part 2 – Exempt Development Codes – Notes 1 and 2

It cannot be stressed enough that these Parts/Divisions are very important and must not be overlooked, as these form the basis on whether the development may be considered as Exempt Development or not.

WHAT IF MY PROPOSAL DOES NOT COMPLY WITH ALL REQUIREMENTS IN THE SEPP? 

The requirements for Exempt Development are strict. If your proposal does not comply with each and every requirement in the SEPP, then it is not Exempt Development. If this is the case, you will need to obtain approval for the development before commencing your proposal.

Failure to obtain the appropriate approvals for work not covered by the Exempt Development Code will be treated as unauthorised development. Councils and other consent authorities have specific powers to issue fines, orders to demolish works or cease activities that fall outside the scope of Exempt Development. Any person (including neighbours) may also take action in the Land and Environment Court. 

If your proposal is not Exempt Development and you require information on lodging an application, please contact Council (02) 6578 7290 or visit our website.

WHERE CAN I OBTAIN FURTHER INFORMATION ON EXEMPT DEVELOPMENT AND THE SEPP? 

If you require further information or resources on the SEPP, please visit the Department of Planning website, Email codes@planning.nsw.gov.au  or Phone 1300 305 695

QUICK LINKS

Part 2 Exempt Development Codes

 Part 2 Division 1 – General Exempt Development Code

Access ramps
Aerials, antennae and communication dishes
Air-conditioning units
Animal shelters
Automatic teller machines
Aviaries
Awnings, blinds and canopies
Balconies, decks, patios, pergolas, terraces and verandahs
Barbecues and other outdoor cooking structures
Bollards
Cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses
Carports
Change of use of places of public worship
Change of use of premises
Charity bins and recycling bins
Clothes hoists and clothes lines
Container recycling equipment
Demolition
Driveways and hard stand spaces
Earthworks, retaining walls and structural support
Emergency work and temporary repairs
Evaporative cooling units (roof mounted)
Farm buildings (other than stock holding yards, grain silos and grain bunkers)
Fences (business and industrial zones)
Fences (certain residential zones and Zone RU5)
Fences (certain rural zones, environment protection zones and Zone R5)
Fences for swimming pools (certain residential zones and Zone RU5)
Flagpoles
Footpaths—outdoor dining
Fowl and poultry houses
Fuel tanks and gas storage
Garbage bin storage enclosure
Grain silos and grain bunkers
Home businesses, home industries and home occupations
Hot water systems
Landscaping structures
Letterboxes
Maintenance of buildings in draft heritage conservation areas
Minor building alterations (external)
Minor building alterations (internal)
Mobile food and drink outlets
Pathways and paving
Playground equipment
Portable swimming pools and spas and child-resistant barriers
Privacy screens
Rainwater tanks (above ground)
Rainwater tanks (below ground)
Roller shutter doors adjoining lanes
Screen enclosures (of balconies, decks, patios, pergolas, terraces and verandahs)
Sculptures and artworks
Shade structures of canvas, fabric, mesh or the like
Skylights, roof windows and ventilators
Stock holding yards not used for sale of stock
Subdivision
Tennis courts
Waste storage containers
Water features and ponds
Waterways structures—minor alterations
Windmills

Part 2 Division 2 – Advertising and Signage Exempt Development Code

General requirements for advertising and signage
Building identification signs
Wall signs
Fascia signs
Under awning signs
Top hamper signs
Window signs
Replacement of identification signs
Internal signs
Community notice and public information signs
Temporary event signs
Real estate signs
Election signs

Division 3 – Temporary Uses and Structures Exempt Development Code

General requirements for temporary uses and structures
Scaffolding, hoardings and temporary construction site fences
Temporary builders’ structures
Filming
Temporary structures and alterations or additions to buildings for filming purposes
Tents or marquees used for filming purposes and private functions
Tents, marquees or booths for community events
Stages or platforms for community events
Stages or platforms for private functions
Trading hours—temporary extension for licensed premises
Trading hours—temporary extensions for Christmas