What is Exempt and Complying Development?

Exempt and Complying Development are prescribed categories of development that can be carried out with a simplified version of application and approval or in the case of Exempt Development, with no application.

Unsure which category your application falls into?  A Complying Development Officer is available at Customer Service Centre, Port Macquarie each Monday - Thursday  from 8.30am to 1pm.

Exempt Development

Exempt development is low-impact forms of development where, subject to satisfying pre-specified standards, there is no need for planning or construction approval to be obtained. So if development standards are met, the development can be built without needing to be approved by an accredited certifier or Port Macquarie-Hastings Council. Other legislative requirements for approvals, licences, permits and authorities may still apply.

Check here for whether you qualify for Exempt Development.

Complying Development

A Complying Development Certificate is an approval that certifies that the proposed development is complying development and that if carried out in accordance with the plans and specifications will comply with all development standards and all requirements of the Regulations under the Environmental Planning and Assessment Act 1979.

An Application for a Complying Development Certificate may be lodged if the proposal meets the prescribed requirements (eg as set down under the relevant Code in the Codes SEPP).

To establish if any land-based restrictions apply for the proposed Complying Development, apply for a Section 149 Planning Certificate.

Council's Competitive Services Unit offers a very thorough and competitive approval and inspection service. Council's Building Surveyors are accredited qualified professionals, with invaluable local knowledge to help ensure your interests are protected in an impartial manner. We welcome enquiries to discuss any of these processes and services.

A Complying Development Certificate can be issued by Council or a privately accredited certifier.

If you are lodging this application with Council, you should follow the sequence of Complying Development (CDC) events in the 8 stages below: 

• Stage 1: Lodgement
• Stage 2: Lodgement of Associated Applications
• Stage 3: Assessment
• Stage 4: Prior to issue of Complying Development Certificate
• Stage 5: Determination and issue
• Stage 6: Commencement of Work
• Stage 7: Critical Stage Inspections
• Stage 8: Completion of work

State Legislative Frameworks used for consideration for Exempt and Complying Development

Complying and Exempt Development is available for consideration under several legislative frameworks. The choice to use one of the below frameworks will depend on the nature of the work proposed and the land involved as well as the legal relationship requirements described in the below documents.

• Complying development:
• SEPP (Exempt and Complying Development Codes) 2008, (the Codes SEPP) covering;
• the General Housing Code,
• the Rural Housing Code,
• the Housing Alterations Code,
• the General Development Code,
• the General Commercial and Industrial Code,
• the Subdivisions Code,
• the Demolition Code.
• Port Macquarie-Hastings Local Environmental Plan 2011 - clauses 3.2 & 3.3 and Schedule 3 (or where applicable, the similiar provisions in PM-H LEP (Area 13 Thrumster) 2008),
• SEPP (Infrastructure) 2007,
• SEPP (Temporary Structures) 2007- clauses 16 & 17
• SEPP (Mining, Petroleum Production and Extractive Industries) 2007- clause 11.
• Exempt development:
• SEPP (Exempt and Complying Development Codes) 2008(the Codes SEPP) - Part 2 Exempt Development Code,
• Port Macquarie-Hastings Local Environmental Plan 2011 - General Information - Clauses 3.1 & 3.3 and Schedule 2 (or where applicable, the similiar provisions in PM-H LEP (Area 13 Thrumster) 2008),
• SEPP (Infrastructure) 2007,
• SEPP No 64 - Advertising and Signage - clause 33, regarding advertisements on transport corridor land and election signage,
• SEPP (Temporary Structures) 2007- clause 15,
• SEPP (Mining, Petroleum Production and Extractive Industries) 2007 - clauses 10 & 10A.

More information about exempt and complying development is available from the NSW Department of Planning Housing Code website, although the focus is on the Housing Code and the Codes SEPP.