The steps of Complying Development applications by Heath McNab

The following is a guide to the State Environmental Planning Policy- Exempt and Complying Development Codes 2008: Part 3 General Housing Code (referred to as “the SEPP”). This information is a guide only and shall not be relied upon solely. Please discuss with your relevant consultant or local Council for advice specific to your situation.

Before commencing even an initial concept design it must be established whether the subject lot is excluded from the SEPP. The surest and simplest method is to purchase a “Planning Certificate” (known as a Section 149 Certificate). Within this Certificate will be a statement akin to:

The above statement confirms that the land subject of this Certificate is not excluded from the SEPP and as such a Complying Development approval under Part 3: General Housing Code may be applied for.

If the land was excluded from the SEPP the statement would appear in this manner:

The above statement confirms that the land subject of this Certificate is excluded from the SEPP and as such a Complying Development approval under Part 3: General Housing code is unable to be issued under any circumstance. You will note there is a reason stated below as to why the land is excluded from the SEPP, in the above case the land contains a Heritage Item (Please note a Heritage Item is different to a Heritage Conservation Area)

Once it has been established that the lot is subject to the SEPP, you must then determine whether the lots zoning is appropriate. For the SEPP to apply the lot must be zoned R1, R2, R3, R4 or RU5. Unless the Council is working under a Standard Local Environmental Plan (LEP), the zoning for the lot may be referred to as another equivalent zone other than R1, R2, R3, R4 or RU5. To establish that this equivalent zone is in fact R1, R2, R3, R4 or RU5 you must refer to the applicable Council’s Equivalent Zoning Table. These tables were created by the Department of Planning and Infrastructure, they correlate between the zones, permitting you to confirm whether the lots zoning is as required by the SEPP. The tables may be accessed via this link; an example of a table (for Pittwater Council) is below.

Using the above table we can determine that land zoned 2(a) RESIDENTIAL A by Pittwater Council’s LEP of 1993, is the equivalent of R2 – LOW DENSITY RESIDENTIAL, as such lots within Pittwater Council with zoning 2(a) RESIDENTIAL A are subject to the SEPP.

After you have established that the subject lots zoning does not preclude it from the SEPP, you must then assess the size and shape of the land against the requirements of the SEPP. For the SEPP to apply the land must be at least 200sqm and be at least 6m wide measured at the building line. The building line is defined for the purposes of the SEPP as:

building line means the line of an existing or proposed external wall or roof edge of a building (other than a wall or roof of any building element within an articulation zone), or the outside face of any existing or proposed ancillary development, closest to a boundary of a lot.

If the subject lot is a battle-axe allotment then the lot must be serviced by an access laneway not less than 3m wide and the lot measure not less than 12m x 12m (excluding the access laneway).

If the lot has been assessed against all stated above and it has been determined that the lot is in fact subject to the SEPP, then an initial concept design can begin.

When working with the SEPP it is crucial that you apply the definitions listed in Part 1 of the SEPP, for example an attached deck is defined for the purposes of the SEPP as ancillary development, while a detached deck is defined for the purposes of the SEPP as an outbuilding. The development standards for an ancillary development as opposed to an outbuilding are different. And if inadvertently designed to comply with the wrong development standards the application will not comply and be refused.

So you must identify that which is to be included within the application and confirm what the structure is defined as for the purposes of the SEPP and confirm that the structure may be constructed as Complying Development. For example: a new 2 storey dwelling with a swimming pool, cabana and detached carport.

Proposed works:	Defined as:	Is it complying development?
2 storey dwelling	Dwelling house	Yes: Part 3 General housing code
swimming pool	Ancillary development	Yes: Part 3 General housing code
cabana	Outbuilding	NO: This particular Cabana is exempt development, as cabana is not higher than 3m, 900mm from lot boundaries, less than 20sqm (complies with Clause 2.17 & 2.18 of Part 2 Exempt Development Codes)
detached carport	Outbuilding	Yes: Part 3 General housing code (Note: Floor area of carport greater than that permitted under Part 2 Exempt Development Codes)

In the above example, we have confirmed that a new 2-storey dwelling is considered Complying Development under Part 3 General Housing Code, likewise the proposed swimming pool & detached carport. The Cabana however is not Complying Development as it may be constructed as Exempt Development under Part 2 of the SEPP. This being the case the cabana cannot form part of the Complying Development application, it may be shown on the plans but must be noted as being constructed as exempt development and the appropriate dimensions shown confirming the proposed structure is in fact exempt development.

Now that it is clear what development standards apply to what structures it is a matter of reviewing each applicable clause within the SEPP. A layout such as the example below can be useful to ensure all applicable clauses are considered and complied with.

Once you have completed your design and determined that the design complies with all applicable clauses of the SEPP, you must then demonstrate compliance with the SEPP. This is best achieved with tables and hatching on the plans. For example a simple table such as:

The above table, when correlated with the proposed works, demonstrates compliance in an efficient manner.  By applying to the plans a table such as this you are demonstrating compliance with the SEPP to anyone interested in ensuring that the proposed works do in fact comply.

Once you are confident that your application complies with the applicable clauses of the SEPP, please forward a copy of your plans to Insight Building Certifiers ‘the complying development specialists’ so we may provide you a fee proposal for the assessment and issuing of your Complying Development Certificate.

If you have any questions regarding the above or Complying Development in general please contact Insight Building Certifiers on 9999 0003 or info@insightcert.com.au