Complying Development

The term Complying Development refers to specific development types identified as having minimal environmental impact and which are assessed against predetermined development standards and the Building Code of Australia.

Types of Developments that can be assessed as Complying Development

The following are just some examples of the types of development where complying development may apply:

  • dwelling houses
  • additions to existing dwelling houses
  • ancillary development such as carports, patios, gazebos, garages, decks, swimming pools etc
  • strata subdivision
  • change of use to premises

How do I determine if my project is Complying Development?

Complying Development is identified in Schedule 3 - Complying Development of the Bathurst Regional LEP 2014, State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and State Environmental Planning Policy (Affordable Rental Housing) 2009.

Each plan identifies the criteria for complying development.

Follow the links below to determine whether your proposal may satisfy the criteria.

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
State Environmental Planning Policy (Affordable Rental Housing) 2009
Bathurst Regional LEP 2014

Notification that works are about to commence (Clause 136AB of the Environmental Planning and Assessment Regulation 2000)

The onus is on the person who benefits from the CDC (ie the applicant on the CDC application form) to ensure that notification of commencement is completed.

The person with the benefit of the CDC must give 2 days notice in writing of the intention to commence work to the occupier of each dwelling within 20 metres of the lot.

How long will it take?

A Complying Development Certificate (CDC) for dwelling houses will be determined within 24 hours of lodgement of the application, unless notification of the CDC is required. The faster approval time is due to the straight forward nature of the Complying Development approval process based on pre-determined development standards. Swimming Pool CDCs will remain with a 24 hour approval time.

Other types of Complying Development will be dealt with in less than 20 days.

If you have any queries relating to Complying Development, please contact one of Council's Health and Building Surveyors on 02 6333 6271.

How do I apply?

Your application must be submitted with the application form provided by Council. You are encouraged to personally lodge your application so Council can ensure that all of the necessary information has been provided. Applicable fees must also accompany your application. A fee quote can be obtained from Council prior to lodgement.


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