Exempt and complying development

1. Exempt development

Exempt development is minor work that can be done without approval. 

It has little environmental impact and can be done in most parts of the municipality except on some:

  • environmentally sensitive land (such as below a foreshore building line or on bush fire-prone land)
  • land containing heritage items.

Some events, markets, and activities on public land are exempt development.

These are listed in Schedule 2 - Exempt Development Kiama Local Environmental Plan 2011.

The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (known as Codes SEPP) controls all other exempt development in NSW.

Visit the NSW Planning Portal for a summary of development standards and requirements for different development types.

Development not exempt?

If your development doesn't qualify as exempt, you may be able to apply for:

  • a complying development certificate, or
  • development consent.

2. Complying development

Some residential, commercial and industrial development can be completed as complying development.

Complying Development can be approved by Council or a privately accredited certifier.

To qualify for complying development you must:

If approved you will receive a Complying Development Certificate.

Council aims to make decisions on complying development applications within 20 days.

Complying development does not apply on some types of land such as:

  • environmentally sensitive land
  • land containing heritage items
  • foreshore areas.

What is a Complying Development Certificate?

A Complying Development Certificate:

  • is a combined development and construction approval certificate
  • states that the proposed development will comply with all relevant development standards and requirements
  • contains prescribed conditions under the Environmental Planning and Assessment Regulation 2000 and conditions of approval under the Codes SEPP

What if I can't meet all criteria?

Complying development can't be approved if your development doesn't meet all the controls.

It also can't be approved if it is proposed on land that is excluded from the Codes SEPP.

You will need to lodge a development application.