Posted on October 10, 2018 by Stuart Simington and
Inland Code for exempt and complying development
The NSW Department of Planning & Environment (‘DPE’) has announced that in regional NSW, approvals for new homes, home renovations and farm buildings will be made easier and faster when the Inland Code commences on 1 January 2019.
The DPE aims to simplify the complying and exempt development rules in residential and rural areas of inland NSW by putting all development standards in the Inland Code which will become Part 3D of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the ‘Codes SEPP‘) .
When does the Inland Code commence?
The Inland Code will commence on 1 January 2019.
Until 1 January 2021 the Housing Code, Rural Housing Code and the Inland Code continue to apply to the same land and development may be carried out under any of those Codes. After 1 January 2021 the Housing Code and Rural Housing Code will not apply to land to which the Inland Code applies.
The Transitional Housing Code will also continue to apply until 13 July 2019.
Land to which the Inland Code will apply
The Inland Code will apply in the 69 local government areas shown on the Inland Code Map and listed in cl 3D.1 (4) of the Inland Code (the ‘inland local government areas‘).
The Inland Code will not apply to land to which the Greenfield Housing Code applies (cl 3D.1 Codes SEPP).
The Inland Code will apply to specified development on land in Zones RU1, RU2, RU3, RU4, RU5, RU6, R1, R2, R3, R4 and R5 in the inland local government areas.
Exempt Development
The Inland Code creates new categories of exempt development and development standards for stock holding yards that are not used for the sale of stock, grain silos and grain bunkers (Subdivision 16A and Subdivision 16B cl 2.32A to cl 2.32F Codes SEPP).
There is a new definition for a ‘grain bunker‘.
Complying Development
The Inland Code specifies development that is complying development for dwelling houses, attached development and detached development (cl 3D.3 to cl 3D.53 Codes SEPP).
It also specifies development that is complying development for farm buildings (other than stock holding yards, grain silos and grain bunkers) in zones RU1, RU2, RU3, RU4, RU6 and R5 (cl 3D.54 to cl3D.60 Codes SEPP).
The terms ‘farm building‘, ‘landholding‘ and ‘detached development‘ are defined.
It also prescribes development standards for works associated with complying development such as excavation, fill, retaining walls, structural supports, drainage and protection of adjoining walls (cl 3D.61 to cl3D.64 Codes SEPP).
Variations
The Inland Code is varied in its application to the Snowy Monaro, Queanbeyan-Palerang, Singleton and Tamworth local government areas and for land near Siding Spring Observatory (Schedule 3 of the Codes SEPP).
Other Requirements
In addition to the requirements for exempt and complying development specified in the Inland Code, adjoining owners’ property rights, the common law and other legislative requirements for approvals, licences, permits and authorities still apply.
Contact
If you have any questions about the Inland Code please contact Stuart Simington on 02 8235 9704.
Leave a comment
in focus comments policy
LTL welcomes your feedback and comments on our posts. all comments, however, will be moderated and we reserve the right not to publish any comment for any reason.
LTL in focus is primarily designed for public sector and development professionals dealing in the fields of planning, environment and government. you may, therefore, wish to consult your organisation’s social media policy before you post any comments. it should go without saying that we expect all comments to maintain a level of respect and professional courtesy.
In making a comment you are required to provide your email address, this will not be published on the site. if the moderator chooses to publish your comment, the name you provide will be published with your comment – it is your choice whether you provide your full name or just your first name. if you provide your full name, we may seek to verify your identity prior to publication of your first comment. If you wish your comment to be directed only to the author or moderator please make that clear – marking it NFP or Not For Publication is the easiest way. thank you for your support and happy reading – matthew mcnamara, ceo.