Development Categories
"Development" is widely defined and includes: making changes to a building, erecting a new building, occupying or changing the use of land or premises, subdividing land, erecting advertising signage, demolishing a building and, generally, "the carrying out of work".
Council has streamlined the approval process for certain types of minor and straightforward development by introducing two new categories - Exempt and Complying development. These categories are illustrated below.
Exempt development
Exempt Development is minor development that does not require a development application. Examples include pergolas, cubby houses, small outbuildings and proposals to change the use of buildings in business or light industrial zones.
Although you can carry out exempt development without lodging a formal application (that is, a DA) with Council, you must firstly make sure your proposal meets the required specifications.
New requirements for exempt development
State Environmental Planning Policy ( SEPP) Exempt and Complying Development Codes) 2008 specifies "exempt development" under that Policy. The SEPP has state-wide application and commenced on 27 February 2009. The SEPP outlines various types of minor ancillary residential development (eg: decks, bbqs, pergolas).which are exempt development and may therefore be implemented without any planning approval provided the requirements of the SEPP are fully complied with.
A copy of the Codes SEPP and 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 1300 305 695 or (02) 9228 6333.
What if my proposal does not comply with the SEPP requirements?
If your proposal does not comply with all of the requirements of the SEPP, then it is not exempt development. If this is the case, you will need to obtain development approval before starting your proposal.
Complying development
What is complying development?
The NSW State Government has gazetted a State Environmental Planning Policy (SEPP), effective from 27 February 2009, which provides for approval of residential developments including detached single and double storey dwellings, home extensions and other ancillary development as Complying Development with either Council or accredited certifier sign-off within 10 days of submission (if the development meets set standards). This is commonly referred to as the NSW Housing Code.
The Complying Development Certificate is valid for 5 years from the date endorsed on the Certificate. The Certificate will not lapse if the development has been physically commenced before the time period expired.
New requirements for complying development
Ashfield Complying Development Criteria (Ashfield Local Environmental Plan) will run in parallel with those of the SEPP until February 2010, when the SEPP will become the sole approval document for Complying Development. Until February 2010, applicants for Complying Development approval must identify which of these provisions (Council or NSW Code) they wish their development to be considered under.
 Ashfield Council's Complying Development Application Form (186.56 KB)
Ashfield Council can also provide information on a planning certificate about land that is suitable for complying development. Please visit the Customer Service Team at Ashfield Council, send an email to info@ashfield.nsw.gov.au or phone (02) 9716 1800 tyo obtain a certificate.
A copy of the Codes SEPP and 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 1300 305 695 or (02) 9228 6333.
What if my proposal does not comply with all requirements?
The requirements for complying development are strict, as there are no merit based considerations. Your application (plans and supporting documents) is required to show evidence of compliance with all of the requirements in the SEPP.
In the event the development does not meet the requirements of complying development your application cannot be approved.
It is important to note that there is no right of appeal against the determination or, or a failure to determine or refusal to issue a Complying Development Certificate either by Council or an accredited certifier.
Integrated development
Integrated Development is development that requires a development application and the approval of another public authority as well as Council, such as the Heritage Council or the Roads and Traffic Authority. For example, a proposal that creates a new access to Liverpool Road is integrated development.
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