Exempt Development

Exempt development is minor development where there will be no need to seek any approval from Council, provided that certain preset standards are met. These standards are set out in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and in DCP 2007 Part I - Exempt and Complying Development.

Complying Development

Complying development is routine development, which may be certified in its entirety as complying with predetermined standards and policies that will ensure minimum environmental impact. That is to say, the traditional approval of Council will not be required and proponents will be able to obtain a complying development certificate either from Council or a private accredited certifier in order to proceed with development. The preset standards are set out in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, State Environmental Planning Policy (Affordable Rental Housing) 2009 and DCP 2007 Part I - Exempt and Complying Development. Also refer to the checklists and application forms for Complying Development Certificates.

Categories of Exempt or Complying Development

If your development falls into one of the following categories then it might be Exempt or Complying Development. However, it must also meet ALL the requirements set out in DCP 2007, Part I or the SEPP.

Categories of Exempt Development

These are only the categories of Exempt Development; in order for the proposed development to be exempt it must meet all the preset standards which appear in DCP 2007, Part I, Schedule 1 - Section 7 and the SEPP. The proposed development must also be permissible under Holroyd Local Environmental Plan 1991.

• Access ramps for the disabled
• Advertising and Advertising structures
• Air conditioning units for dwellings attached to external walls or ground mounted
• Aviaries
• Awnings, Canopies, Storm blinds attached to a dwelling
• Barbecues
• Childrens play equipment
• Clothes lines/ Hoists in connection with dwelling houses only
• Decks (unroofed and attached to a dwelling)
• Demolition of exempt development
• Driveways and paths for dwelling houses
• Fences
• Fish ponds
• Flag poles
• Goal posts, sight screens and similar sporting structures (excluding grandstands, dressing sheds and other structures designed to accommodate people)
• Home occupation
• Letter boxes
• Minor internal alterations for dwelling houses and commercial premises
• Outbuildings erected at ground level and used exclusively for following:- Cabanas, Cubby houses, Garden sheds, Gazebos or Green houses
• Park and street furniture
• Patio in connection with a dwelling house
• Pergola
• Public meeting in a class 9b building
• Replacement of repair of an existing roof to a dwelling/ carport/ garage
• Replacement of repair of an existing wall to a dwelling / carport/ garage (exemption does not apply in the case of heritage buildings)
• Retaining walls including raised planting beds
• Satellite dishes relating to residential and commercial uses
• Solar water heaters and solar panels
• Skylight roof windows including solar tubes and the likes
• Television aerials/ microwave antennae - exemption does not include short wave radio antennas
• Temporary structures and temporary buildings:- Builders sheds, Portable toilets, Scaffolds, Marquees or Mini stages
• Temporary use of a building as a place of public of public entertainment
• Water tanks
• Windows, glazed areas and external doors (replacement or repair of existing)

Categories of Complying Development

These are the only categories of Complying Development; in order for the proposed development to be Complying Development, it must meet all the preset standards which appear in DCP 2007, Part I, Schedule 2 - Section 8. The proposed development must also be permissible under Holroyd Local Environmental Plan 1991.

• Bed and breakfast accommodation (the use of an existing lawful dwelling by its permanent residents for the temporary accommodation of visitors for commercial purposes)
• Commercial use change of building use from a shop or an to a shop or an office to an office and ancillary internal fit outs
• Detached single dwellings and additions:
• Carports and garages associated with an existing or proposed detached single dwelling
• Minor boundary adjustments
• Swimming pools

Example

Letter boxes are one of the categories listed under Exempt Development. Therefore, if you wish to erect a letter box on your property it might be exempt from needing development consent.

The way to find out if a certain development is exempt is to check if it meets all the requirements. These requirements are set out in DCP 2007.

For instance a letter box must meet all of the following six requirements and satisfy DCP 2007, Part I, Section 7.

• Maximum height of 1.2m above existing ground level.
• Sufficient boxes to provide one for each dwelling.
• Appropriate numbering for each dwelling.
• Structurally stable with adequate footings.
• Located wholly within the property.
• Complies with the requirements and specifications of Australia Post.