This Policy is State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
This Policy commences on 27 February 2009.
This Policy aims 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 General Exempt Development Code, types of development that are of minimal environmental impact that may be carried out without the need for development consent, and(c) identifying, in the General Housing Code, types of complying development that may be carried out in accordance with a complying development certificate as defined in the Environmental Planning and Assessment Act 1979, and(d) enabling the progressive extension of the types of development in this Policy, and(e) providing transitional arrangements for the introduction of the State-wide codes, including the amendment of other environmental planning instruments.
1.4 Land to which Policy applies
(1) This Policy applies to the State, except as provided by this clause.(2) This Policy does not apply to land to which:(a) State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007 applies, and(b) Warringah Local Environmental Plan 2000 applies, and(c) Bathurst Regional (Interim) Local Environmental Plan 2005 applies.(3) Also, this Policy does not apply to land to which State Environmental Planning Policy (Western Sydney Parklands) 2009 applies.
1.4A Development to which this Policy does not apply
This Policy does not apply to the following development on land to which Orana Regional Environmental Plan No 1—Siding Spring applies:(a) development that is a skylight or roof window,(b) development that would otherwise be exempt development under this Policy on land that is within 18km of the land owned by the Australian National University at Siding Spring,(c) development that would otherwise be complying development under this Policy.
(1) In this Policy:Acid Sulfate Soils Map means a map in an environmental planning instrument that identifies land containing acid sulfate soil.
alternative solution has the same meaning as in the Building Code of Australia.
Note.The term is defined as follows:
alternative solution means a building solution which complies with the performance requirements other than by reason of satisfying the deemed-to-satisfy provisions (where each of those terms is also defined in that document).
ancillary development means any of the following that are not exempt development under this Policy:
(a) access ramp,(b) awning, blind or canopy,(c) balcony, deck, patio, pergola, terrace or verandah that is attached to a dwelling house,(d) carport that is attached to a dwelling house,(e) driveway, pathway or paving,(f) fence or screen,(g) garage that is attached to a dwelling house,(h) outbuilding,(i) rainwater tank that is attached to a dwelling house,(j) retaining wall,(k) swimming pool or spa pool and child-resistant barrier.articulation zone means an area within a lot within which building elements are or may be located, that consists of that part of the setback area from a primary road that is measured horizontally for a distance of 1.5m from:
(a) the foremost edge of the building line, or(b) a gable or roof parapet having a surface area of more than 10m2.attached, in relation to a building or structure that is complying development, means not more than 900mm from another building or structure.
battle-axe lot means a lot that has access to a road by an access laneway.
building element has the meaning set out in the code in which it is used.
building height (or height of building) means the vertical height of a building, measured between a point at ground level (existing) and the highest point of the building immediately above, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.
building line means the line of the existing or proposed building wall or roof (other than a wall or roof of any building element within an articulation zone), or the outside face of any existing or proposed ancillary development, closest to the relevant boundary of the lot.
class, in relation to a building or part of a building, has the same meaning as in the Environmental Planning and Assessment Regulation 2000.
commercial premises means business premises, office premises or retail premises.
complying development code means a code for complying development set out in a Part of this Policy.
council means the council of a local government area and, in relation to a particular development, means the council of the local government area in which the development will be carried out.
detached, in relation to a building or structure that is complying development, means more than 900mm from another building or structure.
draft heritage conservation area means an area of land identified as a heritage conservation area or place of Aboriginal heritage significance in a local environmental plan that has been subject to public exhibition under section 66 of the Act, other than an area that was exhibited before 1 March 2006, but has not been included in a plan before the commencement of this Policy.
draft heritage item means a building, work, archeological site, tree, place or aboriginal object identified as a heritage item in a local environmental plan that has been subject to public exhibition under section 66 of the Act, other than an item that was exhibited before 1 March 2006, but has not been included in a plan before the commencement of this Policy.
dwelling house means a building containing only one dwelling, but does not include any part of the building that is ancillary development or exempt development under this Policy.
environmentally sensitive area means any of the following:
(a) the coastal waters of the State,(b) a coastal lake,(c) land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies,(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,(f) land within 100m of land to which paragraph (c), (d) or (e) applies,(g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,(h) land reserved under the National Parks and Wildlife Act 1974 or land to which Part 11 of that Act applies,(i) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,(j) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.excluded land identified by an environmental planning instrument means land identified by an environmental planning instrument as being any of the following:
(a) within a buffer area,(b) a coastal erosion hazard,(c) a difficult site,(d) within an ecologically sensitive area,(e) environmentally sensitive land,(f) within a foreshore scenic protection area,(g) within a protected area,(h) within a scenic area,(i) within a scenic preservation area,(j) within a scenic protection area,(k) within a special area.exempt development code means a code for exempt development set out in Part 2.
flood control lot means a lot to which flood related development controls apply in respect of development for the purposes of dwelling houses, dual occupancies, multi dwelling housing or residential flat buildings (other than development for the purposes of group homes or seniors housing).
Note. This information is a prescribed matter for the purpose of a certificate under section 149 (2) of the Act.foreshore area means the land between a foreshore building line, identified by an environmental planning instrument or a development control plan adopted before 12 December 2008, and the mean high water mark of an adjacent waterbody (natural).
General Commercial and Industrial Code means the code for complying development set out in Part 5.
General Exempt Development Code means the code for exempt development set out in Division 1 of Part 2.
General Housing Code means the code for complying development set out in Part 3.
habitable room has the same meaning as in the Building Code of Australia.
Note. The term is defined as a room used for normal domestic activities, other than a bathroom, laundry, toilet, pantry, walk in wardrobe, hallway, lobby, clothes drying room or other space of a specialised nature that is not occupied frequently or for extended periods.hard stand space means an area of concrete, paving or other hard material at ground level designed solely for parking a motor vehicle.
heritage conservation area means an area of land identified as a heritage conservation area or a place of Aboriginal heritage significance, including any heritage items situated on or within that area, in an environmental planning instrument.
heritage item means a building, work, archaeological site, tree, place or Aboriginal object identified as a heritage item in an environmental planning instrument.
Housing Internal Alterations Code means the code for complying development set out in Part 4.
outbuilding means any of the following:
(a) balcony, deck, patio, pergola, terrace or verandah that is detached from a dwelling house,(b) cabana, cubby house, fernery, garden shed, gazebo or greenhouse,(c) carport that is detached from a dwelling house,(d) farm building,(e) garage that is detached from a dwelling house,(f) rainwater tank (above ground) that is detached from a dwelling house,(g) shade structure that is detached from a dwelling house,(h) shed.parallel road means, in the case of a lot that has boundaries with parallel roads, the road that is not the primary road.
primary road means the road to which the front of a dwelling house, or a main building, on a lot faces or is proposed to face.
professional engineer has the same meaning as in the Building Code of Australia.
Note. The term is defined as a person who is:(a) if legislation is applicable—a registered professional engineer in the relevant discipline who has appropriate experience and competence in the relevant field, or(b) if legislation is not applicable:(i) a Corporate Member of the Institution of Engineers, Australia, or(ii) eligible to become a Corporate Member of the Institution of Engineers, Australia, and has appropriate experience and competence in the relevant field.secondary road means, in the case of a corner lot that has boundaries with adjacent roads, the road that is not the primary road.
setback means the horizontal distance between the relevant boundary of the lot and the building line.
setback area means the area between the building line and the relevant boundary of the lot.
Standard Instrument means the standard local environmental planning instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.
storey, means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include the following:
(a) an attic,(b) a basement,(c) a lift shaft,(d) a mezzanine,(e) a stairway.Note. The determination of the number of storeys a building contains is as set out in State Environmental Planning Policy No 6—Number of Storeys in a Building.the Act means the Environmental Planning and Assessment Act 1979.
(2) A word or expression used in this Policy has the same meaning as it has in the Standard Instrument unless it is otherwise defined in this Policy.(3) A reference in this Policy to a code is a reference to a code set out in a Part of this Policy.(4) A reference in this Policy to a type of building or other thing is a reference to development for the purposes of that type of building or other thing.(5) Notes included in this Policy do not form part of this Policy.
1.6 Interpretation—references to land use zones
(1) A reference in this Policy to a lot or to land in a named land use zone is a reference:(a) to land that, under an environmental planning instrument made as provided by section 33A (2) of the Act, is in a land use zone specified in the Standard Instrument, and(b) to land that, under an environmental planning instrument that is not made as provided by section 33A (2) of the Act, is in a land use zone in which equivalent land uses are permitted to those permitted in the named land use zone.(2) In this clause:equivalent land uses, in relation to land in a named land use zone, means uses equivalent to the permitted land uses shown opposite that named land use zone in the table to this clause.
(3) If the Director-General, by order published in the Gazette, determines that a land use zone in a specified environmental planning instrument that is not made as provided by section 33A (2) of the Act is a land use zone in which equivalent land uses are permitted to those permitted in a named land use zone, that certification is conclusive for the purposes of this clause.
Named land use zone
Permitted land uses
RU1 Primary Production
Primary production, including agriculture
RU2 Rural Landscape
Compatible rural land uses, including extensive agriculture
RU3 Forestry
Forestry land uses
RU4 Rural Small Holdings
Compatible rural land uses, including extensive agriculture on small rural lots
RU5 Village
Dwelling houses, business and retail premises and associated uses and facilities in a rural village setting
R1 General Residential
Residential accommodation of various types
R2 Low Density Residential
Primarily dwelling houses
R3 Medium Density Residential
Mix of dwelling houses and multi dwelling housing
R4 High Density Residential
Primarily residential flat buildings
R5 Large Lot Residential
Dwelling houses on large residential lots in a rural setting
B1 Neighbourhood Centre
Small scale business and retail premises, community facilities and shop top housing in a neighbourhood centre
B2 Local Centre
Business and retail premises, entertainment and community facilities and shop top housing in a local centre
B3 Commercial Core
Large scale business, office and retail premises and community and entertainment facilities in a major centre
B4 Mixed Use
A variety of business, office and retail premises, community and entertainment facilities and associated dwellings
B5 Business Development
Large floor area premises, including bulky goods premises, warehouse or distribution centres and other business and retail premises
B6 Enterprise Corridor
Business, office and retail premises, hotel or motel accommodation, light industries, warehouse or distribution centres and associated facilities along a main road
B7 Business Park
Light industries, neighbourhood shops, office premises, passenger transport facilities, warehouse or distribution centres and associated facilities in a business park
IN1 General Industrial
Depots, freight transport facilities, industries, neighbourhood shops and warehouse or distribution centres in a general industrial setting
IN2 Light Industrial
Depots, light industries, neighbourhood shops and warehouse or distribution centres in a light industrial setting
IN3 Heavy Industrial
Depots, freight transport facilities and heavy industries, including hazardous and offensive industries and storage establishments in a heavy industrial setting
IN4 Working Waterfront
Boat launching ramps, boat repair facilities, jetties and light industries along a waterfront
1.7 Interpretation—references to maps
(1) A reference in this Policy to a named map adopted by this Policy is a reference to a map by that name:(a) approved by the Minister when the map is adopted, and(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Policy to any such named map is a reference to the relevant part or aspect of the single map.(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.(4) For the purposes of this Policy, a map may be in, and may be kept and made available in, electronic or paper form, or both.(5) This clause does not apply to an Acid Sulfate Soils Map.
1.8 Relationship with other State environmental planning policies
Note This clause is subject to section 36 (4) of the Act.(1) If this Policy and any other State environmental planning policy, whether made before or after the commencement of this Policy, specify the same development, as either exempt development or complying development, the other Policy does not apply to that development, except as provided by subclauses (2)–(4).(2) If this Policy and State Environmental Planning Policy (Infrastructure) 2007 specify the same development as either exempt or complying development, this Policy does not apply to that development if carried out by a person who may carry out the development under State Environmental Planning Policy (Infrastructure) 2007.(3) If this Policy and State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 specify the same development as either exempt or complying development, this Policy does not apply to that development.(4) If this Policy specifies development as either exempt or complying development and a provision in State Environmental Planning Policy (Sydney Region Growth Centres) 2006 or State Environmental Planning Policy No 60—Exempt and Complying Development specifies the same development as complying development, the other policy ceases to apply to that development on 1 January 2011.(4A) If this Policy and State Environmental Planning Policy (Affordable Rental Housing) 2009 specify the same development as either exempt or complying development, this Policy does not apply to that development.(5) For the avoidance of doubt, each policy identified in subclause (4) continues to apply to the development until 1 January 2011.(6) If another State environmental planning policy specifies exempt development or complying development that is not the same as development specified as either exempt development or complying development in this Policy, this Policy does not affect the operation of that other Policy.Note. The Environmental Planning and Assessment Regulation 2000 specifies that a person must refer to the environmental planning instrument under which the development is complying development in an application for a complying development certificate.
1.9 Relationship with local environmental plans and development control plans
(1) Exempt development under this Policy and a local environmental plan or development control plan
If this Policy and a local environmental plan or a development control plan, whether made before or after the commencement of this Policy, specify the same development as exempt development, the local environmental plan or development control plan does not apply to that development.(2) Complying development under this Policy and a local environmental plan or development control plan
If this Policy and a local environmental plan or a development control plan, whether made before or after the commencement of this Policy, specify the same development as complying development, the local environmental plan or development control plan ceases to apply to that development on 1 January 2011.(3) Complying development under this Policy and exempt development under a local environmental plan or development control plan
If this Policy specifies development as complying development and a local environmental plan or a development control plan, whether made before or after the commencement of this Policy, specifies the same development as exempt development, the local environmental plan or development control plan does not apply to that development.(4) Exempt development under this Policy and complying development under a local environmental plan or development control plan
If this Policy specifies development as exempt development and a local environmental plan or a development control plan, whether made before or after the commencement of this Policy, specifies the same development as complying development, the local environmental plan or development control plan ceases to apply to that development on 1 January 2011.(5) For the avoidance of doubt, the local environmental plan or the development control plan referred to in subclause (2) or (4) continues to apply to the development until 1 January 2011.(6) If a local environmental plan or a development control plan specifies exempt development or complying development that is not the same as development specified as either exempt development or complying development in this Policy, this Policy does not affect the operation of that local environmental plan or development control plan.(7) In this clause:local environmental plan includes a deemed environmental planning instrument.
Note. The Environmental Planning and Assessment Regulation 2000 specifies that a person must refer to the environmental planning instrument under which the development is complying development in an application for a complying development certificate.
(1) For the purposes of this Policy, 2 or more instruments are taken to specify the same development if they specify that development for the same purpose may be carried out on the same land, even though there may be some differences in the specifications or development standards for that development.Note. For example, “deck” is a development, even if the size of the deck or its location varies in different local environmental plans or development control plans.(2) The Director-General may certify in writing, for the purpose of this Policy, that 2 or more instruments do, or do not, specify the same development and any such certificate has effect according to its tenor.(3) Notice of any certification by the Director-General under subclause (2) must be published in the Gazette.
1.11 Amendment of environmental planning instruments
The environmental planning instruments specified in Schedule 1 are amended as set out in that Schedule.
The codes, or parts of codes, in this Policy are varied as set out in Schedule 2 or 3.
1.13 Savings provision relating to pending applications
A development application or an application for a complying development certificate that has been made but not finally determined before the commencement of this Policy, or an amendment to this Policy, must be determined as if this Policy or the amendment had not commenced.
The Minister must ensure that the provisions of this Policy are reviewed:(a) as soon as practicable after the first anniversary of the commencement of this Policy, and(b) at least every 5 years after that commencement.
Division 2 Exempt and complying development
1.15 What development is exempt development?
(1) Development that is specified in an exempt development code that meets the standards specified for that development and that complies with the requirements of this Division for exempt development is exempt development for the purposes of this Policy.(2) For the purposes of subclause (1), development that is specified includes any specified limitations as to the land on which that development may be carried out.Note. Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.The section states that exempt development:
(a) must be of minimal environmental impact, and(b) cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and(c) cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).
1.16 General requirements for exempt development
(1) To be exempt development, the development:(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, or if there are no such relevant provisions, must be structurally adequate, and(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and(c) must not be designated development, and(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.(2) Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if:(a) the building has a current fire safety certificate or fire safety statement, or(b) no fire safety measures are currently implemented, required or proposed for the building.(3) To be exempt development, the development must:(a) be installed in accordance with the manufacturer’s specifications, if applicable, and(b) must not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent.Note. A permit for the removal or pruning of a tree or other vegetation may be granted under a local environmental plan. A development consent for the removal of native vegetation may be granted under the Native Vegetation Act 2003.
1.17 What development is complying development?
(1) Development that is specified in a complying development code that meets the standards specified for that development and that complies with the requirements of this Division for complying development is complying development for the purposes of this Policy.(2) For the purposes of subclause (1), development that is specified includes any specified limitations as to the land on which that development may be carried out.Note. Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.The section states that development cannot be complying development if:
(a) it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or(b) it is on land within a wilderness area (identified under the Wilderness Act 1987), or(c) the development is designated development, or(d) the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or that is subject to an interim heritage order under the Heritage Act 1977 or that is identified as an item of environmental heritage in an environmental planning instrument), or(e) the development requires concurrence (except a concurrence of the Director-General of the Department of Environment and Climate Change in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995)), or(f) the development is on land identified as an environmentally sensitive area under this Policy.
1.18 General requirements for complying development
(1) To be complying development, the development must:(a) be permissible, with consent, in the land use zone in which it is carried out, and(b) meet the relevant provisions of the Building Code of Australia, and(c) have a prior approval, if required by the Local Government Act 1993, for:(i) an on-site effluent disposal system if the development is undertaken on unsewered land, and(ii) an on-site stormwater drainage system, and(d) have, if required by the Roads Act 1993:(i) prior consent from the relevant roads authority for each opening of a public road required by the development, and(ii) prior written permission from the relevant roads authority to operate or store machinery, materials or waste required by the development on a road or footpath reserve, and(e) not involve the removal or pruning of a tree or other vegetation that would otherwise require a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent.Note. A permit for the removal or pruning of a tree or other vegetation may be granted under a local environmental plan. A development consent for the removal of native vegetation may be granted under the Native Vegetation Act 2003.(2) To be complying development, the development must not:(a) be designated development, or(b) be exempt development under this Policy, or(c) (Repealed)(d) be development that requires concurrence (except a concurrence of the Director-General of the Department of Environment and Climate Change in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995)).(2A) To be complying development specified for the General Housing Code, the development must not be carried out on land that is less than the minimum lot size for the erection of a dwelling house under an environmental planning instrument applying to the land.(3) A complying development certificate for complying development under this Policy is subject to the conditions specified in this Policy in respect of that development.
1.19 Land on which exempt development and complying development may not be carried out
(1) General land exemptions
To be exempt development or complying development, the development must not be carried out on land that is an environmentally sensitive area.(2) The general land exemptions set out in subclauses (3) and (4) apply to complying development specified for the following codes:(a) the General Housing Code,(b) the Housing Internal Alterations Code,(c) the General Commercial and Industrial Code.(3) To be complying development, the development must not be carried out on:(a) land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977, or(b) land that comprises, or on which there is, a heritage item or a draft heritage item, or(c) land within a wilderness area (identified under the Wilderness Act 1987).(4) If only a part of a lot is land to which this clause applies, complying development must not be carried out on any part of that lot.(5) Specific land exemptions for General Housing Code
To be complying development specified for the General Housing Code, the development must not be carried out on:(a) land within a heritage conservation area or a draft heritage conservation area, or(b) land that is reserved for a public purpose in an environmental planning instrument, or(c) unsewered land to which Drinking Water Catchments Regional Environmental Plan No 1 applies, or(d) land identified on an Acid Sulfate Soils Map as being Class 1 or Class 2, or(e) land that is bush fire prone land, or(f) a flood control lot, or(g) excluded land identified by an environmental planning instrument, or(h) land in a foreshore area.