Posted on February 16, 2011 by

Range Of Exempt And Complying Development To Be Expanded

A raft of changes will be made to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) on 25 February 2011.

The proposed changes will increase the area to which the Codes SEPP applies and expand the amount of complying development that may be carried out in certain areas:

  • Complying development will be allowed on low risk bush fire prone land and low risk flood control lots, provided a number of requirements are met.
  • The range of works which may be conducted as complying development in existing and draft heritage conservation areas will be expanded.
  • New dwelling houses and alterations and additions to existing dwellings will be classified as complying development for a greater range of residential housing lots. The minimum lot size for this sort of complying development will be reduced from 450m² and 12 metres in width to 200m² and 6 metres in width.

The proposed changes also significantly expand the range of complying development available in relation to dwellings. For example:

  • Walls may be built to the boundary of a lot, where the area of the lot is greater than 200m² and the width of the lot is between 6m and 10m, if certain requirements are met.
  • Detached studios on rear laneways have been added as complying development.
  • External works may be carried out to dwellings in certain circumstances. These works may include external windows and doors, attic conversions, dormer windows and rear roof window.

There will also be the addition of 9 new forms of exempt development, including: solar hot water and electricity systems, tennis courts, fuel tanks, gas storage, emergency works and temporary repairs.

Section 149 certificates will need to be updated by councils to reflect these changes upon the commencement of the Codes SEPP on 25 February 2011.

The complying development controls in the Codes SEPP will continue to operate concurrently with LEPs and DCPs until 1 September 2011.

The draft consolidated version of the Codes SEPP is available on the Department of Planning’s website: