You do not need planning or construction approval for minor, low impact development when it:
- can satisfy the land characteristic criteria set out below;
- can meet the requirements of the National Construction Code (Building Code of Australia); and
- is of minimal environmental impact.
Land Characteristic Requirements
You will need to know the zoning and land characteristics of your property to understand if your development is exempt. This information is available in a Planning Certificate, or by conducting a property search on the NSW Planning Portal.
Exempt development must not be carried out on land that contains a State listed heritage item or is subject to an interim heritage order under the Heritage Act 1977 (with some exceptions) or on any environmentally sensitive area.
Which Planning Controls Do I Use?
The following planning policies outline requirements for exempt development.
- State Environmental Planning Policy (Exempt and Complying Development) Codes 2008
- State Environmental Planning Policy (Infrastructure) 2007
- Hawkesbury Local Environmental Plan 2012
For more information on what development may be considered exempt under these policies, see Exempt Development.
What if My Development is Not Exempt?
If your proposal does not comply with all of the requirements outlined above and in the relevant planning policy, then it is unable to be considered as exempt development and you will need to get approval through either a Complying Development Certificate or Development Application (and Construction Certificate) before you can start any work.
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