Categories of Development

The Environmental Planning and Assessment Act 1979 defines development as:

  • the use of land;
  • the subdivision of land;
  • the erection of a building;
  • the carrying out of work;
  • demolition; or
  • any other matter controlled by an environmental planning instrument.

 

Development and construction work may be subject to approval or may be classed as "exempt development".  Development that has minimal environmental impacts and fills specific criteria is considered exempt development and does not require approval.

Development that has predictable and manageable impacts, and complies with specific criteria may be "complying development".  If the development is able to be approved with a Complying Development Certificate (CDC) you can apply to either Council or a Private Certifier for approval.

All other developments require "development consent" and, if construction or subdivision are involved, may also require a "construction certificate".

 


Types of Development

Approvals

Impacts

Compliance

Other Approvals

Exempt Development

No approval required

Minimal environmental impacts

Must comply with established standards and criteria

Harden Local Environmental Plan 2011

May require approval to make any changes to water, sewer or stormwater systems

Complying Development

Needs approval (Complying Development Certificate) - may also be approved by a Private Certifier.

May be for subdivision and/or building work

Predictable and manageable impacts

Must comply with established standards and criteria

Harden Local Environmental Plan 2011

May require approval to make any changes to water, sewer or stormwater systems

Development Consent

Development Application

Needs Council merit assessment and may require notification to neighbours who potentially be affected by the development.

May require approval or concurrence from other government organisations such as the RTA

Could be major environmental impacts

Conditional approval

Harden Local Environmental Plan 2012

May require a Construction Certificate to complete subdivision and/or construction work.

May require approval to make any changes to water, sewer or stormwater systems.

May require a Traffic Management Plan

Construction

Require approval (Construction Certificate) if not exempt or complying

Proposed work must comply with the requirements of the Building Code of Australia

Other categories of development are:

  • State Significant Development: is development identified by the State Government as being of State or regional significance.  The Minister of Planning is the consent authority.
  • Integrated Development: is development where separate approvals are required under other Acts, such as the Heritage Act 1977 or the Roads Act 1993.  Here, Council refers the application to the relevant authority to seek their terms of approval.  If approval is granted, such terms of approval will be included in the development consent.  You will still need to obtain separate approvals under the relevant acts, but the confirmation of these approvals will be obtained early in the process.  The approval of the relevant authority does not remove the discretion of Council in assessment and determination of the application.