Posted on July 17, 2025 by Megan Hawley

Pattern Book Developments and CDCs

From 30 July 2025 a range of residential development will be able to be carried out as complying development, with a complying development certificate (CDC) to be issued within 10 days, if the development complies with the NSW Housing Pattern Book designs (Pattern Book Development).

The Pattern Book designs are a selection of 8 designs for dual occupancy, multi dwelling housing, terraces and manor house development. The Pattern Book designs can be accessed here.

Legislative changes

The Environmental Planning & Assessment Regulation 2021 (EPA Reg) and the State Environmental Planning Policy (Exempt and Complying Development Codes) 2009 (Codes SEPP) were amended on 16 July 2025 to make Pattern Book Development complying development, meaning it can be approved by a private certifier granting a CDC, rather than a development application to council being required, and also to reduce the time within which a certifier must issue a CDC.

Pattern Book Development as Complying Development

The Codes SEPP is amended to introduce a new code, being the Pattern Book Development Code, which is Part 3BA of the Codes SEPP.

The new code applies in Zone R1 General Residential, Zone R2 Low Density Residential and Zone R3 Medium Density Residential,

Pattern Book Development will be complying development if proposed within those zones, and if carried out in accordance with the ‘development standards, location requirements, technical drawing set and technical information specified in’ the relevant pattern for the development type. An application for a CDC for Pattern Book Development will need to be accompanied by a written statement from an accredited designer to that effect.

There are some constraints in respect of lot size. Pattern Book Development will not be complying development if the size of the lot on which it is proposed is less than the minimum lot size for the erection of the relevant development type under an environmental planning instrument applying to the lot. The lot must also have lawful access to a public road.

However, the minimum lot size requirements do not apply if the land is within a low and mid rise housing area under the State Environmental Planning Policy (Housing) 2021 (Housing SEPP) (see my earlier blog here regarding the low and mid rise housing area).

Pattern Book Development cannot be carried out as complying development on certain sensitive land, including if the land is bush fire prone land, a flood control lot, in a heritage conservation area, is land on which there is a heritage item, is significantly contaminated land, or is land in a coastal hazard area or foreshore area. It also cannot be complying development if it is for dual occupancies in zone R2, and is only permissible as a result of Chapter 6, Part 2, Division 1 of the Housing SEPP (if it is also permissible under a local environmental plan it can be complying development).

The new code includes a range of detailed development standards for works associated with Pattern Book Development,  including earthworks, retaining walls, drainage, and set backs from certain trees which must be complied with.

Timing 

For some residential development which is complying development, a CDC must be issued within 20 days. The EPA Reg has been amended so that if development is Pattern Book Development, the CDC must be issued within 10 days, provided at least 7 days notice has been given to neighbours of the application for the CDC.

Subdivision

The new code also makes Torrens title subdivision of Pattern Book Development (other than manor houses, and provided no part of a dwelling is above another dwelling) complying development. Each dwelling must be on its own lot (with an exception for secondary dwellings permitted by one of the Patterns). Strata subdivision of Pattern Book Development  is also complying development.

Permissibility

The Codes SEPP and the amendments to it and the EPA Reg made in respect of Pattern Book Development,  do not make development which would otherwise be prohibited permissible. It is therefore necessary to consult the applicable local environmental plan and the Housing SEPP to determine if the proposed Pattern Book Development is permissible on the land under those instruments. Only then can the development be complying development, if it meets the requirements in the Codes SEPP.

Please do not hesitate to contact Megan Hawley on 8235 9703, or leave a comment if you have any questions.

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