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Exempt and Complying Development

Council's Exempt and Complying development provisions and State Environmental Planning Policy (Exempt and Complying Development 2008) identify some small scale development that can either be Exempt Development (ie: does not require Council approval) or is capable of being certified, or approved, by way of Complying Development provisions of the Environmental Planning and Assessment Act.

Exempt Development

Exempt development catergories are identified under both Council's Exempt provisions and the SEPP with numerous types of minor residential developments (eg: decks, fences, bbqs, pergolas, privacy screens) nominated as being able to be constructed without any planning approval.

  • Part A - Chapter 16 of Byron Shire Development Control Plan 2010 specifies exempt development types and associated development standards. A detailed list of exempt development types can be found here:- Chapter 16 Exempt and Complying Development

  • The NSW Governments Housing Code website provides detailed information of exempt development types and associated development standards. A detailed list of Exempt Development types can be found here:- Exempt Development on the Housing Code website.

If your proposal does not comply with the all of the Exempt Development provisions, it requires the submission and subsequent approval of an application prior to the commencement of any work.

Where the SEPP and Councils specify the same development as exempt development, Council's provisions do not apply to that development.

Complying Development

Complying Development is essentially work carried out to a defined set of standards (eg: height limits, floor space ratio, distances to boundaries, compliance with the Building Code of Australia) which may be certified by either a Council or a privately accredited certifier.

  • Part B - Chapter 16 of Byron Shire Development Control Plan 2010 specifies comply development types and associated development standards. A detailed list of complying development types can be found here:- Chapter 16 Exempt and Complying Development.

  • The complying development portion of the SEPP is commonly referred to as the 'Housing Code' and provides for approval of residential developments including detached single and double storey dwellings, home extensions and other ancillary development.

    The relevant complying development standards can be reviewed on the State Government website http://housingcode.planning.nsw.gov.au/

To be eligible for a complying development certificate, a proposal must meet all of the relevant development standards nominated.

Should you wish to lodge a Complying Development application with Byron Shire Council, you need to complete a Construction Application Form.