Posted on September 16, 2011 by

Exempt and complying development

The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) specifies types of development which are exempt or complying development.

The transitional provisions in the Codes SEPP are to the effect that local controls on exempt and complying development adopted by councils, and other state controls, such as  SEPP 60 – Exempt and Complying Development (SEPP 60) and Sydney Region Growth Centres SEPP 2006 (SRGC SEPP), continue to apply in tandem with the Codes SEPP until 1 September 2011.

The Department of Planning & Infrastructure, now proposes to amend the Codes SEPP by extending the concurrent application of local and state controls until 1 September 2012.

The State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Miscellaneous) (No 2) 2011 (Draft SEPP) is currently on exhibition for this purpose.

If the Draft SEPP is made most applicants will be able to choose to apply either council controls, or the Codes SEPP for the same development type, provided that the council has not adopted a local environmental plan in the form of the Standard Instrument.

The Codes SEPP specifies the manner in which the local controls and Codes SEPP interact.

The Draft SEPP also contains some other minor amendments to the Codes SEPP in relation to:

  • front setbacks under the General Housing Code;
  • standards for privacy screens for detached studios; and
  • the application of the Rural Housing Code in the Cooma-Monaro Council area.

Individuals and organizations have been invited to comment on the proposed SEPP amendment before 19 September 2011.