How to Know When You Need Development Consent

Mark Evans • May 20, 2022

Most development in NSW will require a valid development consent, but not always.

Exempt Development

If the development falls within one of the categories of exempt development in the State Environmental Planning Policy (Exempt and Complying Development Code) 2008 (Codes SEPP) you may not need to obtain consent.

Complying Development

Similarly, if the development is “complying development” under the Codes SEPP you may be able to engage a private certifier and have the development certified by a private certifier rather than the local council.


Click here to see our article on what types of development might be exempt and complying development.

Development Control Orders

There are also circumstances where you may carry out development that does not require consent. For example, if you have been issued with an Order by Council under section 9.34 of the EPA Act, and the Order requires you to do something which might otherwise require consent, you don’t need to obtain a separate consent to comply with the Order.

Development in an LEP “permitted without consent”

Also, a Local Environmental Plan often identifies types of development within a zone that are ‘permitted without consent’. If that is the case, the development may usually be carried out without the need to obtain a consent. 


It is not always easy to work out if the development you are proposing is exempt development or does not require consent and the consequences of getting it wrong can result in heavy penalties, including demolition orders. 


You should always seek legal advice from a competent planning lawyer before carrying out development on the assumption that the development does not require consent.


Here's a short video explaining when you might not need development consent:

Require further assistance? please do not hesitate to call us on (02) 9145 0900 or make an enquiry below.

Mark Evans Director Whiteacre Legal

Servicing all of NSW, Whiteacre provides expert property law and planning and environment law advice and assistance.

✓ Planning Law Advice

✓ Land and Environment Court Appeals

✓ Voluntary Planning Agreements and Contributions

✓ Development Control Orders and Enforcement

✓ Property Development Advice and Due Diligence

✓ Title Structuring

✓ Easements and Covenants

✓ Strata and Community Title legislation

Book an initial consultation through our website with our planning law solicitor. Whether it's about planning and environment law or property law, you can approach us and discuss your matter to make sure we are a good fit for your requirements.

BOOK ONLINE
tiny homes

Tiny Homes, Caravans and Manufactured Homes in NSW Planning Law (Part 2)

By Mark Evans • November 27, 2024
In Part 1, we considered tiny homes and caravans on private land. That article can be accessed here Part 1 . In Part 2, we turn our attention to tiny homes and manufactured homes.
tiny homes

Tiny Homes, Caravans and Manufactured Homes in NSW Planning Law (Part 1)

By Mark Evans • November 22, 2024
In this article we explore tiny homes, caravans, and manufactured homes.

Understanding the Application of Savings Provisions to Development Applications

By Mark Evans and William Jamieson • November 14, 2024
The general rule is that a development application ( DA ) is to be determined based on the law applicable at the time of determination of the DA, not at the time of lodgement: Sofi v Wollondilly Shire Council (1975) 31 LGERA 416.
When subdivision may not be considered development carried out on land

When subdivision may not be considered development carried out on land

By Mark Evans and William Jamieson • October 31, 2024
Subdivision, alone, may not constitute development “on land” and thus trigger development restrictions. 
Biodiversity Credits

IPART Review of NSW Biodiversity Credit Market released

By Mark Evans • October 18, 2024
The Independent Pricing and Regulatory Tribunal (IPART) has released a summary of workshops and stakeholders’ submissions concerning the functioning of the NSW Biodiversity Credits Market.
Development

Consent for Unauthorised Works

By Mark Evans and William Jamieson • October 10, 2024
It is now well established that a development consent cannot be obtained to authorise works that have already been carried out. The classic example is a building that has been built without development consent.
Planning law

Characterisation of Use in Planning Law

By Mark Evans and William Jamieson • September 26, 2024
This article discusses the characterisation of land use in NSW planning law.
Private Land

Ownership of Council assets on private land

By Mark Evans and Ryan Post • September 5, 2024
Public infrastructure like sewerage pipes and stormwater pipes were often constructed a long time ago with no development approval or accurate record keeping. Over time, these assets have remained in place and often the local council authority either has no record of the infrastructure or knowledge of the history of construction of the asset or its ownership. Ideally, Council would have an easement registered on title to the subject land. This can cause huge problems when seeking to develop land with old infrastructure emplaced within the subject site.

Establishing a Biodiversity Stewardship Site: Tax Implications

By Mark Evans • August 29, 2024
This article discusses tax implications of establishing a biodiversity stewardship site and generating biodiversity credits.
Biodiversity Laws Reviews

NSW Biodiversity Laws Review

By William Jamieson and Mark Evans • August 9, 2024
Legislation in NSW aimed at protecting biodiversity is not working. The current system is complex and there are many reasons for failure. This article considers recent review of the NSW biodiversity legislation.
More Posts
Share by: