Certain minor developments may be able to be carried out as exempt or complying development.
Exempt development is development that will have only minimal environmental impact and has been classified as exempt development in an environmental planning instrument. Development consent is not required for exempt development as long as you satisfy the requirements in the applicable planning instrument.
Complying development is development where the environmental impact is predictable and minor, can be addressed by development standards and has been classified as complying development in an environmental planning instrument. To carry out the development, you will need to obtain a complying development certificate from an accredited certifier, or the local council.
State Environmental Planning Policy (Transport and Infrastructure) 2021 (TI SEPP) has specific provisions for exempt and complying development carried out on land in the area of a port, managed by Port Authority, or vested in Transport for NSW. For a list of the exempt and complying development provisions of the TI SEPP, please refer to clauses 2.81-2.83 of State Environmental Planning Policy (Transport and Infrastructure) 2021. Additional exempt and complying development provisions are contained within other environmental planning instruments, primarily the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Please note that while a proposed development may be exempt or complying development, consent to undertake the works is still required to be obtained from Port Authority as the land owner.
For assistance with determining whether a development proposal can be undertaken as exempt or complying, please contact:
email:[email protected]
