1. Exempt Development

   Exempt development is low impact development that can be done for certain residential, commercial and industrial properties and requires no approval.

   A few examples of development that can be exempt development are: low decks, garden sheds, carports, fences, repairing a window or painting a house.

2. Complying Development (CDC)

   Complying development is a combined planning and construction approval for straightforward developments that can be determined through a fast-track assessment by an accredited private certifier or council. Although it also allows for a wide range of things like the construction of a new dwelling house, alterations and additions to a house and demolitions, there are some developments that may not be able to be assessed under this pathway due to site constrictions or the scope of the development.

   Like Exempt Development, Complying Development has its own set of codes under the State Environmental Planning Policy (or SEPP).  If the subject site and proposed development meets the specific standards of the code and the land requirements, a Complying Development Certificate (CDC) can applied for.

   Unlike Development Applications, Complying Development is not a merit based assessment however - meaning, the codes under the legislation can not be varied.  It is essentially a "tick box", yes/no exercise in assessing whether a proposal meets all the requirements. If the CDC codes can not be satisfied, the application will need to be assessed by your local Council’s planning department as a Development Application.

3. Development Application & Construction Certificate

   The most lengthy pathway to development approval is made up of two separate applications. The Development Application (DA) and Construction Certificate (CC)

   The first application is the Development Application made to your local Council.  The DA is a formal application for development showing the overall concept of what is proposed and requesting consent from Council who will assess the development against the various planning instruments including the State Environmental Planning Policies (SEPP), the Local Environmental Plan (LEP) and Council’s Development Control Plan. (DCP).

   The application consists of a series of standard application forms, development specific plans and supporting technical reports.  The DA process is a merit based assessment and unlike Complying Development, if some aspects of the development do not comply with the legislative requirements or Council’s local Development Control Plan, Council does have a degree of flexibility in approving a proposal based on its merits. 

   If the Development Application is supported by Council you have two choices:  

   You can undertake a second application known as the Construction Certificate Application which can be made back to Council or to a Private Certifier or you can delay construction as Council approval is valid for five years.

   If you are wanting to continue to construction, the first step when preparing for the Construction Certificate is ensuring that all of the Conditions set out by Council in their approval are satisfied.  This may mean getting more supporting documentation or reports by consultants to support the CC application. No building can begin until a Construction Certificate has been issued and all of the required criteria are met.

   Once the construction Certificate is issued, building can begin.

If you require assistance preparing any of the above, please get in touch - we would love to help.