Exempt and Complying Development
On the 1 July 1998, the NSW Government introduced substantial amendments to the Environmental Planning and Assessment Act dealing with how Council deals with Development Applications.
The legislation introduced new categories of development referred to as Exempt and Complying Development.
Exempt Development is development that can be carried out without the need to obtain any consent from Council.
Complying Development is development that can be carried out provided it meets a set of predetermined criteria.
Please refer to Development Control Plan 2001 for the Exempt and Complying Development Control Plans (parts M and N).
A Notification of Exempt Development Form can be downloaded below.
State and Environmental Planning Policy (Exempt and Complying Development Codes) 2008 ( Codes SEPP) commenced on the 27th February 2009 and applies throughout NSW. Please check the Codes SEPP to see if your development can still be done as Exempt Development under the Codes SEPP subject to it complying with the appropriate criteria. If your development is not Exempt under the Codes SEPP, please contact Council's Development Department to discuss the matter.
In respect to Complying Development, should the Codes SEPP and Council's existing Complying Development Policy specify the same works, a person will have the option, until the 27th February 2010, to nominate which Code they want to use. On the 27th February 2010, the Council Complying Development Code will no longer apply. A copy of the Codes SEPP is available at www.planning.nsw.gov.au/housingcode.
Further 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 Freecall 1300 305 695 or 02 9228 6333.
Council also has a policy on unauthorised development works.
Contact details
Development Department
02 6329 8100 (ph)
02 6329 8142 (fax)
council@oberon.nsw.gov.au
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