Complying development is low impact low risk development that can be addressed by specified predetermined development standards.

The SEPP – Exempt and Complying Development Codes 2008 is the most common legislation utilised to carry out complying development. It outlines how certain developments can proceed as complying development with council or accredited certifier sign-off.

Council’s LEPs and some other SEPP- Exempt and Complying Development Codes . However, these documents are used to a lesser extent . It is recommended that you utilise the SEPP – Exempt and Complying Development Codes in the first instance. The other legislation and examples of the types of complying development they contain are listed below :

• Newcastle Local Environmental Plan 2003 (e.g. similar development to the SEPP and tree lopping and removal)
• Newcastle City Centre Local Environmental Plan 2008 (e.g.strata subdivisions and tree lopping and removal)
• SEPP No 4 – Development without Consent and Miscellaneous Exempt and Complying Development (e.g. the conversion of fire alarms)
• SEPP (Infrastructure) 2007 (e.g. works for government bodies, relating to the provision of infrastructure)
• SEPP (Temporary Structures) 2007 (e.g.structures used on community land or for community events)
• SEPP (Affordable Rental Housing) 2009 (e.g. secondary dwellings, group homes)

The diagram below summarises the steps involved in determining if a development is complying development. Please refer to the links provided throughout this page to access the documents referred to in the diagram.

Step 1 - Comply with development standards for specified development

Zoning

To assist you in determining if your development is complying development you will need to know the zoning of your land. You can obtain this information in a planning certificate or from the maps on Council’s web page .

Conversion Table

Council is yet to adopt the zoning definitions specified in recently gazetted SEPPs. A table has been prepared to convert the zonings in SEPPs to the equivalent zones in Newcastle’s LEPs.

Review Development Codes

Each planning instrument containing provisions for complying development has its own set of criteria for the categories of complying development

The Exempt and Complying Development Codes SEPP is the primary source of complying development provisions and contains the following code categories for complying development:

1. General Housing - one and two storey dwelling houses, alterations and additions to dwelling houses, detached studios, swimming pools, fences and retaining walls, outbuildings
2. Rural Housing - one and two storey dwelling houses, alterations and additions to dwelling houses, swimming pools, fences and retaining walls, outbuildings
3. Housing Alterations - internal and (limited) external alterations, attic conversions
4. General Development - bed and breakfast accommodation
5. General Commercial and Industrial - internal alterations and change of use, mechanical ventilation systems, shop front and awning alterations, skylights and roof windows
6. Subdivisions - strata subdivision (other than dual occupancy)
7. Demolition - dwellings, ancillary development, industrial buildings and (limited) commercial buildings

Bushfire Prone Land

Recent changes to the Exempt and Complying Development Codes SEPP allow some complying development on bushfire prone land.

Some frequently asked questions are available on this process are available from the Rural Fire Service website.

Flood Prone Land/Flood Control Lot

Some complying development is permissible on flood control lots. If the development is proposed on a flood prone lot it is recommended that you obtain a Flood Information Certificate or a report from a suitably qualified person to confirm the land is not located in a high hazard area, before a Complying Development Application is lodged.

If the development is located in a high hazard area the Complying Development Certificate will be refused and a Development application will be required.
An application for a Flood Information Certificate (38KB) can be downloaded from Council’s web page.

Step 2 - Comply with general and specific land based criteria for complying development

Complying development cannot be carried out on certain types of land. While there are some general exclusions, such as land that is classified as being an ‘environmentally sensitive area’, other exclusions are specific to development categories. Some types of complying development can be carried out on bushfire prone land and flood prone land, provided that the risks and hazards associated with that land meet criteria that puts it into a low risk, low hazard category.

The Specified development and Development standards for each complying development type in the Exempt and Complying Development Codes SEPP must be read in conjunction with the other relevant clauses including, but not limited to:

Clause 1.17 What development is complying development?

Clause 1.18 General requirements for complying development

Clause 1.19 Land on which exempt and complying development may not be carried out

If the development is to be carried out under Council’s LEP, the relevant sections containing general land based exclusions are:

Clause 20 - LEP 2008

Clause 11 - LEP 2003

Step 3 – Comply with common law and other legislative requirements

In addition to the requirements specified for complying development under the relevant planning instruments, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to complying development may be contained in the Environmental Planning and Assessment Act 1979 , the Environmental Planning and Assessment Regulation 2000 , various State Environmental Planning Policies, the Protection of the Environment Operations Act 1997 , the Roads Act 1993 , the Swimming Pools Act 1992 and Acts applying to various infrastructure authorities.

If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

Please note: The information contained above is not legal advice. It is provided to assist you in planning decisions. Newcastle City Council recommends that you seek professional advice and refer to relevant legislation.

Further Information

The New South Wales Department of Planning has released a number of documents to provide information on complying development.

NSW Housing Code

NSW Commercial and Industrial Code

Or contact Council's Duty Officer 02 4974 2036

How do I apply for a CDC?

To apply to Council for a Complying Development Certificate complete a CDC application form(69KB) and a CDC checklist (76kb). The checklists contains specific details for all development types about what should be submitted with the application and some guidelines to assist you with the complying an application.