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Exempt development
Last modified: March 3, 2009 - 9:50 AM
Exempt development is a term used to describe certain types of minor development which can be undertaken legally without any approval from Walgett Shire Council.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Codes SEPP has State-wide application and commenced on 27 February 2009. Consequently, from that date the exempt development provisions (for the development types covered by the Codes SEPP) previously specified under State Environmental Planning Policy 60 - Exempt and Complying Development will no longer apply.
Copies of the Codes SEPP and further information is available via the Department of Planning web site at www.planning.nsw.gov.au/housingcode . For further information please e-mail planningreform@planning.nsw.gov.au or call the Department of Planning's Information Centre on 9228 6333.
General requirements include:
(1) To be exempt development, the development:
(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, or if those provisions do not apply, must be structurally adequate, and
(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c) must not be designated development, and
(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
(2) Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if:
(a) the building has a current fire safety certificate or fire safety statement, or
(b) no fire safety measures are currently implemented, required or proposed for the building.
(3) To be exempt development, the development must:
(a) be installed in accordance with the manufacturer’s specifications, if applicable, and
(b) must not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent.
For further information please contact staff from the Planning & Regulatory Services division of Walgett Shire Council. In most cases they will be able to provide immediate advice on whether proposed works are exempt development, provided that you can supply details of the proposal.
Contact details
Planning & Regulatory Services
admin@walgett.nsw.gov.au
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