Complying development relates to specified small-scale, low-impact development, which complies with pre-set criteria detailed in a State Policy or Local Environmental Plan.
Complying development, is basically, a fast-track single-stage approval process, which requires only a Complying Development Certificate to be obtained from a private sector Accredited Certifier or the Council.
Complying development requires detailed plans and specifications to be prepared (e.g. by a architect and/or professional engineer) and an application for a Complying Development Certificate is to be made to an Accredited Certifier or Council.
If all of the criteria, requirements and standards relating to the proposed building or other development are satisfied, the Accredited Certifier or Council will issue a Complying Development Certificate.
A Complying Development Certificate must be obtained before commencing any demolition, excavation or building work or other development.
Complying developments include:
- internal or external alterations and/or additions to dwelling houses
- carports, garages and car spaces
- shade structures, conservatories, awnings and pergolas
- new dwelling houses
- fences and retaining walls
- swimming pools and spas
- internal alterations to commercial and industrial buildings
- shop or office fit-outs, shop-fronts and awnings
- certain types of land and strata subdivision
- changes of certain commercial and industrial uses
- demolition of certain buildings
- temporary structures and marquees
- fire safety upgrading work
A complying development certificate can usually be issued by an Accredited Certifier or Council promptly upon submission of the required plans, specifications and information.
If the proposed development does not meet all of the criteria, a development application must be obtained from Council and a construction certificate must also be obtained from an Accredited Certifier or Council before commencing any work or development.
In some cases, residents of adjoining or nearby properties are required to be notified of proposed complying development to dwellings, to encourage consultation between neighbours and resolution of any concerns that may be raised. However, the provisions do not require the owner or Certifier to consider or address any submissions or, to modify the proposal if the relevant requirements are met.
The detailed provisions for complying development are contained in a State Planning Policy or Local Environmental Plan, including:
- State Environmental Planning Policy (Exempt & Complying Development Codes) 2008
- State Environmental Planning Policy (Infrastructure) 2007
- State Environmental Planning Policy (Affordable Rental Housing) 2009
- Snowy River Local Environmental Plan 2013
For an easier way to determine if you can carry out complying development on your land Council is now a part of the Electronic Housing Code Project.