Do I need development approval?

Exempt Development generally comprises minor renovations and low-impact works, where development consent of Council is not required if your project meets specific criteria. Examples include garden sheds, carports, farm buildings, decks, minor internal and external building alterations and the change of use of a building.

The types of development that are classified as exempt development and the criteria applicable to each development type are largely contained in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and in the Clarence Valley Local Environmental Plan.  Exempt small scale solar and wind systems must meet the criteria in Clause 2.41 of State Environmental Planning Policy (Transport and Infrastructure) 2021.

It is the responsibility of the landowner / developer to ensure that the proposed development meets all the Exempt Development requirements and is not on land excluded from the code. More information from the Department of Planning and Environment can be found here –  exempt development.

Exempt building work must be structurally sound and meet the Building Code of Australia. It cannot be located over an easement, stormwater or sewer main or over an effluent irrigation area. If the development requires clearing or pruning of any vegetation you must obtain a permit to remove the vegetation before work commences.

Some development may not be exempt development in relation to Heritage Items or land within a Heritage Conservation Area. Minor development with minimal or no impact on the heritage item or conservation area can be considered through lodging a no fee Minor Works or Maintenance Application under the Heritage Exemptions. See more information on Council’s Heritage page.

If your development is not exempt

If your development does not meet the criteria as an exempt development, you may be able to lodge an application for either a Complying Development Certificate or lodge a Development Application. 

Complying development is a ‘fast-track’ approval process for smaller scale, low impact development. As complying development generally includes larger building works than exempt development, an assessment by a building professional (known as a certifying authority) is required. Provided the proposal fully meets specific development standards, it can be determined by a Council or registered private certifier without the need for a full Development Application.

The types of development, including different types of commercial, industrial and residential development, that are classified as complying development and the criteria applicable to each development type are largely contained in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

There are other State Environmental Planning Policies that also contain provisions regarding complying development, including State Environmental Planning Policy (Housing) 2021 and State Environmental Planning Policy (Transport and Infrastructure) 2021. Details can be located on the NSW legislation website in relation to these policies.

It is the responsibility of the applicant to ensure that the proposed development meets all the Complying Development requirements within the relevant State Environmental Planning Policy. Council and Registered Certifiers have no discretionary authority in relation to complying development.

Building works and/or the use of the development must not be commenced until a Complying Development Certificate has been issued and the relevant conditions complied with.

More information, including a detailed guide, can be found here - Complying Development. 

A Development Application (or DA) is a formal application for development that requires consent under the NSW Environmental Planning and Assessment Act 1979 (EP&A Act), given it does not meet the prescriptive requirements for the smaller scale development types, such as Exempt Development and Complying Development.

A development is considered ‘local development’ if a local environmental plan (LEP) or State environmental planning policy (SEPP) states that development consent is required before the development can take place. The majority of developments will be categorised as Local Development.

The procedures for applying for development consent, the level of environmental assessment required, the notification required, and appeal rights will differ depending on how a development is categorised. These categories include integrated development, designated development and advertised development.

The development needs to be a permissible use on the land to be able to apply for a DA. You will need to check the land use tables under the Clarence Valley Local Environmental Plan 2011 (CVLEP) or provisions of relevant SEPPs to confirm if the use is permissible. If the development is listed as a prohibited use in the zone, you cannot seek development consent for the use.

The CVLEP may contain other planning standards applicable to the development, such as maximum building height and minimum lot sizes. Please also refer to Council's Development Control Plans, which provide detailed planning and design guidelines to support the planning standards - Our LEP and DCP's.

Where building or subdivision works are proposed as part of your DA, you also need to obtain a separate building or subdivision approval by obtaining a Construction Certificate or Subdivision Works Certificate.

To assist you in determining if your development is exempt or requires approval you will need to know the zoning of your land and any constraints on the land. You can obtain this information in a Planning Certificate, the NSW Planning Portal and Council's online planning map. All legislative information can be found on the NSW legislation website.

If you are unsure if you require approval, advice can be sought from Council staff see We're here to help on planning matters.

Before you dig

Whether you need formal approval to build, you always need to check what's underground before you dig. This is to avoid your development getting close to services (eg. pipes and cables) which can be costly to you and potentially dangerous to the digger.

To check Clarence Valley Council Services (eg. water and sewer mains) use Council's online mapping or lodge a Water/Sewer Service Location Form.

Council may have a plumbers 'work as executed' plan of the sewer and the stormwater pipes around your building (if supplied by the plumber), which you can obtain by lodging a Request for information.

To check other services (eg. telecommunications) use the Dial before you Dig online services.