Exempt development is development that has minimal impact on the local environment and does not require approval from Council.

There are several pieces of legislation that contain provisions that can enable exempt development.  They include

• the State Environmental Planning Policy (Exempt and Complying Development) Codes
• the Infrastructure State Environmental Planning Policy and
• Council’s two Local Environmental Plans.

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

The Specified developments (development types) and development standards for each exempt development type in the SEPP must be read in conjunction with the other relevant clauses including, but not limited to:

Step 1 - Comply with development standards for specified development

Zoning

To assist you in determining if your development is exempt 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 has yet to adopt the zoning definitions specified in the SEPP. A table has been prepared to convert the zonings in the SEPP to the equivalent zones in Newcastle’s LEP’s.

Review Development Schedules

There are several pieces of legislation that contain provisions that can enable exempt development.  They include

• the State Environmental Planning Policy (Exempt and Complying Development)  Codes
• the Infrastructure State Environmental Planning Policy and
• Council’s two Local Environmental Plans. 

The majority of permissible exempt development is captured in The State Environmental Planning Policy (Exempt and Complying Development) Codes, which contains over 57 types of minor developments that can proceed as exempt development.  If the type of development you wish to carry out is not listed in Part 2 of the SEPP, proceed to the other documents to determine if you meet the exempt criteria.

Part 2 of the State Environmental Planning Policy (Exempt and Complying Development) Codes

• Access ramps
• Aerials and antennae
• Air-conditioning units
• Animal shelters
• Automatic teller machines
• Aviaries
• Awnings, blinds and canopies
• Balconies, decks, patios, pergolas, terraces and verandahs
• Barbecues
• Bollards
• Cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses
• Carports
• Change of use of premises
• Clothes hoist and clothes lines
• Communications dishes (radio and satellite)
• Demolition  -It is recommended that you refer to Council’s web pages for information on:
• Asbestos removal
• Driveways
• Earthworks and retaining walls
• Evaporating cooling units (roof mounted)
• Emergency work and temporary repairs
• Farm buildings and structures
• Fences (non rural) - behind the building line
• Fences (non rural) - forward of the building line
• Filming
• Flagpoles
• Fowl and poultry houses
• Fuel tanks and gas storage
• Garbage bin storage enclosure
• Hard stand spaces
• Home businesses, home industries and home occupations
• Home-based child care
• Hot water systems (not solar)
• Landscaping structures
• Letterboxes
• Minor building alterations (internal)
• Minor building alterations (external)
• Minor subdivision works
• Pathways and paving
• Playground equipment
• Portable swimming pools and spas and child-resistant barriers
• Privacy screens
• Rainwater tanks (above ground)
• Rainwater tanks (below ground)
• Scaffolding, hoardings and temporary construction site fencing
• Screen enclosures (of balconies, decks, patios, pergolas, terraces and verandahs)
• Shade structures of canvas, fabric, mesh or the like
• Signage (replacement of identification signs) 
• Skylights, roof windows and ventilators
• Temporary builders' structures
• Temporary structures (other than tents and marquees), and temporary alterations or additions to buildings or works, solely for filming purposes
• Tennis courts
• Tents or marquees used solely for filming purposes
• Water features and ponds
• Windmills

Infrastructure SEPP

The requirements for exempt Solar Energy Systems (photovoltaic electricity generating, solar hot water and solar air heating)¡¡are contained in the State Environmental Planning Policy (Infrastructure) 2007

• Solar hot water systems
• Solar (photovoltaic) electricity generating systems

The relevant division of the exempt solar energy systems is Division 4 Electricity generating works or solar energy systems.

The State Environmental Planning Policy (Infrastructure) 2007 also allows for the provision of infrastructure and service facilities to be undertaken without development consent. These developments include educational establishments, emergency services facilities and port facilities.

Council’s LEP’s

Council has two LEP’s that apply to different parts of the local government area.  The LEPs contains a limited list of development types which can be exempt development, that are not contained within the other pieces of legislation.  They are:

LEP 2003  (Please refer to maps or 149 Certificate to ascertain which LEP applies to your property)

• Cemeteries and burial grounds
• Maintenance of heritage items or buildings, works, archaeological sites, relics, trees or places within heritage conservation areas
• Native vegetation clearing
• Public roads construction of footpaths, footpath crossings, kerb crossings or stormwater drainage connections
• Signs business identification
• Tree pruning
• Tree removal
• Use of public land or a public road for an exhibition, meeting or community event

LEP 2008 (City Centre)  (Please refer to maps or 149 Certificate to ascertain which LEP applies to your property)

• Filming
• Maintenance of heritage items or buildings, works, archaeological sites, trees or places within heritage conservation areas
• Signs- business identification
• Tents or marquees used solely for filming purposes
• Temporary structures (other than tents and marquees), and temporary alterations or additions to buildings or works, solely for filming purposes
• Trees ¨C cutting down, topping, lopping or removal

• If wishing to utilise the provisions of Newcastle's LEP 2003 you should ensure the LEP applies to your property (some properties in the city centre are not covered by the LEP) and refer to Clause 10 of the LEP and relevant clause of Schedule 1 of the LEP

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

If the development is to be carried out under the State Environmental Planning Policy(Exempt and Complying Development) Codes the relevant sections are:

Clause 1.15 What development is exempt development?

Clause 1.16 General requirements for exempt 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 the State Environmental Planning Policy (Infrastructure) Code the relevant sections is Division 4 .

If the development is to be carried out under Council’s LEP the relevant sections are:

LEP 2008 – Clause 18

LEP 2003 – Clause 10

Step 3 – Comply with common law and other legislative requirements

In addition to the requirements specified for development under this code, 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 development in this code may be contained in the Act, 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.

It is recommended that you contact any relevant authority to determine any requirements. For example, if land on which you intend to develop is located in a Mine Subsidence area, you may need to have the plans stamped by the Mines Subsidence Board. A list of deemed approvals (i.e. that do not need referral to the Mine Subsidence Board) are available from the Mine Subsidence Board. For more information please contact the Mine Subsidence Board.

The legislative requirements specifically highlight the adjoining owners property rights and the need to comply with common law and other legislative requirements.

Please note: The information contained above is not legal advice. It is to assist you in planning decisions. Newcastle City Council recommends 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 exempt and complying development.

NSW Housing Code a website dedicated to SEPP Exempt and Complying Development Code 2008.

Exempt Development: Frequently Asked Questions from NSW planning Department.

NSW Commercial and Industrial Planning Code - a website dedicated to commerical or industrial premises

Or contact our Duty Officer on 02 4974 2036 or mail@ncc.nsw.gov.au