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SEPP (Exempt and Complying Development Codes) 2008 effective 27 February 2009

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy.  The Codes SEPP has State-wide application and commences on 27 February 2009.  Consequently, from that date the exempt development provisions (for the development types covered by the Codes SEPP) in Parkes Shire Council Exempt Development Code, Development Control Plan 1999 will no longer apply.

SEPP (Exempt and Complying Development) Amendment (Commercial and Industrial 2009) and the NSW Commercial and Industrial Code - A guide to exempt and complying development apply from 7 September 2009.

The SEPP (Exempt and Complying Development Codes) 2008 (Codes SEPP) as mentioned above, have been amended to include forms of low impact commerical & industrial development that can proceed as exempt development requiring no planning approval or alternatively as ten day complying development approvals, for some minor changes of use and internal fitting out for retail, commerical office and industrial premises.

For development to be considered as exempt and complying it must meet the standards and criteria set down in the SEPP (Exempt and Complying Development Codes) 2008 and the NSW Commercial and Industrial Code.

The land on which the development is proposed may have restrictions which prevent the erection of development as exempt or complying, despite the development meeting the abovementioned standards and criteria.  These restrictions are outlined under the Code SEPP and may be obtained from Council on a planning certificate issued under section 149(2) of the Environmental Planning and Assessment Act 1979.  If complying development cannot be carried out; the reasons why will be stated.  This advice applies to the General Commercial and Industrial Code, General Housing Code and Housing Internal Alterations Code.

From 7 September 2009 a new Housing Internal Alterations Code has also been introduced.  This allows internal alterations to an existing dwelling house without regard to the development standards of the General Housing Code.  There is also a reduced set of land-based exemptions/restrictions to allow some development on bush fire prone and flood control lots.

If you are intending to carry out work as complying development, you should discuss the proposed development with an architect, builder or other specialist to ensure you are complying with the relevant code, the Codes SEPP and any other applicable health, safety and planning regulations. 

Exempt Development must meet the criteria standards and land restrictions under the Codes SEPP. 

Notification of Complying Development under the CODES SEPP

Where a complying development certificate has been issued for erection of a dwelling house under the General Housing Code, the following conditions of approval should be noted.

• The person having the benefit of the complying development certificate must give at least 2 days notice in writing of the intention to ocmmence the works to the owner or occupier of each dwelling that is situated within 20m of the lot on which the works will be carried out.
• Notification should be carried out using the standard form prepared by the Department of Planning (copy can be downloaded from the bottom of this page).
• It is not necessary for the notice to be issued to a named individual therefore land title/property searches are not required.  The notice may be addressed to 'the occupier' or 'the owner'.
• There is no requirement to issue the notice to both the owner and the occupier.
• The notice may be delivered by hand or by post.
• There is no requirement to notify vacant land.
• Evidence of the notification carried out is to be provided to the Principal Certifying Authority (PCA) to enable them to determine the condition of consent has been complied with.

A copy of the Codes SEPP is available at: http://www.legislation.nsw.gov.au/maintop/view/inforce/epi+572+2008+cd+0+N

Further information on the General Housing Code is available at www.planning.nsw.gov.au/housingcode

For further information please email planningreform@planning.nsw.gov.au or call the Department of Planning's Information Centre on (02) 9228 6333.

Contact details
Parkes Shire Council
02 68612373 (ph)
02 68623946 (fax)
council@parkes.nsw.gov.au

© 2008 Parkes Shire Council
This page: http://www.parkes.nsw.gov.au/planning/1190/8990.html