State Environmental Planning Policy (Exempt and Complying Development) Codes 2008
You can carry out certain development as complying development provided you meet the Codes SEPP requirements below:
Land Based Requirements
The Codes SEPP provides guidelines relating to land on which exempt and complying development may not be carried out. It is important to note that if your land is partly affected by certain land based exclusions such as:
• bushfire prone
• flood control lot (flood prone land)
• heritage listing
You may still be able to carry out complying development on the unaffected part of the land.
In order to find out whether your property is able to satisfy the land based requirements under the Codes SEPP it is recommended that you apply to Hawkesbury City Council for a Section 149 Planning Certificate – Complying Development under Section 149(2) of the Environmental Planning and Assessment Act 1979.
Bushfire Prone Land
The Housing Code and Rural Housing Code have been modified to allow Complying Development on land that is bushfire prone subject to the development complying with the development standards for bush fire prone land. The development standards have been designed to ensure that:
• Complying development is not allowed on land that is mapped as being of high bushfire risk. This excludes any lot or part of any lot that has a Bushfire Attack Level – BAL of 40 or BAL Flame Zone.
• Only a person recognised by the NSW Rural Fire Service as a suitably qualified consultant in bush fire risk assessment or Council can endorse the BAL under the Planning for Bush Fire Protection Guidelines 2006.
• Once the BAL is known, the Council or private accredited certifier (known as the Principal Certifying Authority) must certify that the proposal complies with AS3959-2009 Construction of buildings in bushfire prone areas.
Further information in relation to this process is available on the frequently asked questions section on the Rural Fire Service website.
Flood Control Lot (Flood Prone Land)
Some forms of complying development are able to be undertaken on flood prone land/flood control lots. If your land has been identified by Council as being subject to flood related development controls (i.e. - a ‘Flood Control Lot’), then you will need certification from Council, or from a professional engineer who specialises in hydraulic engineering, that the development will not be on part of a Flood Control Lot that is categorised as being a flood storage area, a floodway area, a flow path, a high hazard area or a high risk area.
It is important to note that the Codes SEPP requires that the proposed development meet all the following criteria:
(a) have all habitable rooms no lower than the floor levels set by the council for that lot, and
(b) have the part of the development at or below the flood planning level constructed of flood compatible material, and
(c) be able to withstand the forces of floodwater, debris and buoyancy up to the flood planning level (or if on-site refuge is proposed, the probable maximum flood level), and
(d) not increase flood affectation elsewhere in the floodplain, and
(e) have reliable access for pedestrians and vehicles from the development, at a minimum level equal to the lowest habitable floor level of the development, to a safe refuge, and
(f) have open car parking spaces or carports that are no lower than the 20-year flood level, and
(g) have driveways between car parking spaces and the connecting public roadway that will not be inundated by a depth of water greater than 0.3m during a 1:100 flood event.
If you would like Council to provide certification in relation to the flood risk of your property you are required to make this request in writing. A fee applies from this certification.
Should your property be located in a flood storage area, floodway area, flow path, high hazard area or high risk area and not be able to achieve the criteria listed above, your proposal will not be able to meet the Codes SEPP and you will need to lodge a development application with Council for consideration.
Where heritage items are clearly mapped and described, complying development can take place on the part of the lot that has not been identified as comprising the heritage item. It is important to note that the majority of heritage listings in the Hawkesbury apply to the entire land therefore restricting the opportunity to carry out complying development. A development application would be required to be lodged in these circumstances.
The Codes SEPP lists the various types of complying development under the following codes:
General Housing Code - new single storey and two storey dwelling houses, alterations and additions to single storey and two storey dwelling houses and ancillary development
Rural Housing Code - new single and two storey dwelling houses, alterations and additions to existing single and two storey dwelling houses and ancillary development.
Housing Alterations Code - internal and external alterations and additions to existing dwelling houses, external alterations to residential accommodation other than dwelling houses, attic conversions.
General Development Code - bed and breakfast accommodation; home businesses involving the manufacture of; food;, tents, marquees or booths for community events; stages or platforms for community events; structural repairs to, the replacement of, or the carrying out of maintenance works in relation to waterways structures.
Commercial and Industrial Alterations Code - internal building alterations; change of use proposals; first use of existing premises; mechanical ventilation systems; shop front and awning alterations; skylights and roof windows; projecting wall signs; freestanding pylon and directory board signs; certain ancillary development; earthworks; retaining walls and structural support works; driveways; hard stand spaces; pathways, paving and fences.
Commercial and Industrial (New Buildings and Additions) Code - additions to existing buildings in commercial and industrial zones and construction of new buildings in industrial zones.
Subdivisions Code - strata subdivision of multi-dwelling housing (not including dual occupancy) or a building for which a development consent or a complying development certificate was granted (only if the consent or certificate was issued within 5 years of the application for subdivision being made).
Demolition Code – demolition of a dwelling, ancillary development; swimming pool; industrial buildings and (limited) commercial buildings.
Fire Safety Code – details the fire safety measures which can be undertaken as complying development.
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