Changes to exempt and complying rules

10 December 2010

The NSW Government has published amendments to the State Environmental Planning Policy (Exempt and Complying Development Codes) to take effect on 25 February 2011.

This amendment to the SEPP expands the application of the exempt and complying development codes to include smaller lots (200 square metres or greater). This means that “ten day” complying development approvals are now possible for more types of “low impact” development. The NSW Department of Planning fact sheet is here. A planning circular is available here.

Changes in relation to bush fire prone land will also come into effect in February. A planning circular explaining these changes is set out here.

The NSW Government has also released a discussion paper proposing an expansion of (and changes to) exempt and complying development provisions for commercial development. The changes include new exempt development categories for:

  • commercial use of footpaths and roadside stalls on Council land;
  • outdoor dining on footpaths and other Council land;
  • 24 hour operation in retail and bulky goods premises for the pre Christmas trading period;
  • the use of skips in road reserves and other public places;
  • amusement devices within a commercial premises;
  • first use of a building or part where no building work is proposed.

The changes include new complying development provisions for:

  • the minor liberalisation of the change of use provisions for non-residential buildings;
  • the first use of new non-residential buildings (to facilitate individual fit-outs within a larger new building);
  • internal alterations within non-residential buildings;
  • alterations and additions to non-residential buildings;
  • the construction of new industrial buildings; and
  • external alterations and additions to existing industrial buildings.

The discussion paper is available here. Submissions close on 28 February 2011. Please contact us if there are any matters you think we should include in a submission.