Types of Development

Types of Development

Development can be categorised broadly into:

  • development that does not require consent; and
  • development that requires consent.

Council’s Development Planning service will determine the type of development you are proposing; however, a summary of all the development types is provided below (in alphabetical order).

Advertised Development

Advertised Development is development, other than designated development, that is identified as advertised development by an environmental planning instrument, the Environmental Planning and Assessment Regulation 2000, or a development control plan.  Advertised development has greater notification requirements, including public notification.

Complying and Exempt Development

Complying Development is development that requires consent but is low impact, of a minor nature, and satisfies predetermined standards. Exempt Development is development that does not require consent.

The NSW Governments amendments to the Environmental Planning and Assessment Regulation 2000 will commence on 22 February 2014. The amendments are set out in the Environmental Planning and Assessment Amendment (Complying Development and Fire Safety) Regulation 2013.

There are now approximately 80 categories of exempt development, which include minor building alternations or additions that do not require planning approval, as long as the works meet straightforward building standards. These exempt developments include:

  • carports and sheds
  • driveways
  • fences
  • rainwater tanks
  • decks and pergolas

The types of complying development that can be undertaken under the policy include:

  • new industrial buildings up to 20,000m2
  • additions to commercial retail building of 1000m2
  • additions to commercial office or business premises of 2500m2
  • additions to existing industrial buildings of up to 5000m2
  • the land must be in a Business or Industrial zone or Special purpose zone SP3, and the new use must be permissible in that zone
  • a building cannot be erected over a registered easement under this policy
  • where the proposed change in use results in the development increasing water demand or wastewater the applicant is to notify the water utility of the proposed development. The applicant must obtain written notice or advice from the water utility stating any works to be undertaken. This written advice forms part of the CDC documentation
  • new buildings or alterations to existing buildings that are larger than 5000m2 and that have access to a road within 90m of a classified road require RMS certification

The amended regulation makes important changes to the lodgement and determination of applications for a complying development certificate (CDC). This includes new requirements to provide advice and notification of complying development to neighbours.

The time for determining a CDC that has been the subject of the new pre-approval notification requirement has been increased to 20 days. Other CDC’s remain subject to a 10 day approval time.

Changes to Neighbour notification

Under clause 130AB of the regulation, Council or the accredited certifier must advise neighbours of the complying development 14 days prior to the approval of the CDC. Neighbours of each dwelling on a lot that is within a residential or rural zone and within 20 meters of the boundary of the proposed development must be advised. This requirement applies to complying development for:

  • a new building;
  • an addition to an existing building, and;
  • the demolition of a building.

Owners must also advise neighbours seven days before works commence.

The purpose of this requirement is for advice only and there is no opportunity for concerned neighbours to lodge objections to the CDC application.

Designated Development

Designated Development is development that is declared to be designated development by an environmental planning instrument (state environmental policies, regional environmental plans, or local environmental plans) or the Environmental Planning and Assessment Regulation 2000.

Designated development includes heavy industry with the potential to pollute, intensive livestock industries, extractive industries, mining operations, marinas, and aircraft facilities.  This type of development requires a greater level of rigour and you must provide an Environmental Impact Statement with a development application for designated development.

Designated development may be either local development where the consent authority is the local authority, or state significant development where the consent authority is the Minister. It also has greater notification requirements.

Integrated Development

Integrated Development is development that requires development consent and at least one approval, permit, licence, authority, or consent from another government body under another piece of legislation listed in section 91 of the Environmental Planning and Assessment Act 1979.

Local Development

Local Development is all other development (other than state significant development) that requires development consent.  Council is usually the consent authority for local development. This means that any development application for local development must be lodged with Council.

State Significant Development

State Significant Development is development for which the Minister for Planning is the consent authority.  A development application for state significant development must be lodged with the Minister for Planning.  State significant development is:

  • development that is declared to be state significant development by a state environmental planning policy or a regional environmental plan;
  • development that has been declared to be state significant development by the Minister for Planning by a ministerial declaration in the government gazette; or
  • development for which the Minister for Planning has called in for determination after the development application is made.