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ARTICLE · 19 JUNE 2017

Exempt development in NSW: Development without approval

Carroll & O'Dea
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Exempt development allows certain low-impact projects to be undertaken without undergoing a rigorous approvals process.

AustraliaReal Estate and Construction
Paul Carroll
Paul Carroll
Alex Collie
Alex Collie
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Exempt Development has existed in NSW since 1993 and allows certain low-impact forms of development to be undertaken without undergoing the rigorous approvals process. In the last few years the Department of Planning has attempted to promote awareness of exempt development; both it and the similar streamlined-approval process of Complying Development are seen as tools to reduce the demands of numerous development applications. Exempt development is governed by the SEPP (Exempt and Complying Development Codes) 2008 which lists an array of different forms of exempt development and the specific requirements of each.

Provided that a type of development is listed in the Exempt Development Codes, it does not involve land that prohibits exempt development and the development is carried out in accordance with the Exempt Development Code, then a person may carry out that development without obtaining development consent.

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