Complying Development

From 1 January 2021, we require lodgement of all Development Applications (DAs) and Complying Development Certificates (CDCs) to be via the NSW Planning Portal. This change is in line with the NSW Government's plan for all Councils to participate in their ePlanning platform for application lodgement. 

Some residential, commercial and industrial development can be approved as a complying development.

Complying Development Certificate

A Complying Development Certificate can be issued by council or a private certifier without the need for a full development application, providing the application meets very specific criteria.

Complying Development rules are set out by a State Policy:

There are general requirements listed under Part 1 that apply to all complying development and in addition, each type of development must also meet certain ‘Development Standards’ in order to be complying. 

There are other state policies (SEPPs) that allow for complying development, such as affordable housing and infrastructure.

View more details about these SEPPs and complying development:

Is my development a Complying Development?

Complying Development cannot be undertaken on all land.

To determine if your property meets the land-based requirements under the State Policy, you can apply to Council for a Section 10.7 Planning Certificate.

Complying development is unable to be used on some types of land, such as environmentally sensitive land, bushfire prone land with a BAL 40 or BAL FZ rating, land containing a heritage item and foreshore areas.

All Complying Development must still meet the National Construction Code (NCC) as well as the requirements for adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licenses, permits and authorities.

Lodge your Complying Development Certificate online via the NSW Planning Portal

From 1 January 2021, we require lodgement of all Development Applications (DAs) and Complying Development Certificates (CDCs) to be via the NSW Planning Portal. This change is in line with the NSW Government's plan for all Councils to participate in their ePlanning platform for application lodgement. 

Lodge online via the nsw planning portal

What you need to know

Lodgement of Complying Development Certificates will no longer be accepted via email or in person and must be lodged using the NSW Planning Portal. This means that you will need to create an ePlanning account on the NSW Planning Portal website to lodge your application.

This change is in line with the NSW Government’s plan for all Councils to participate in their ePlanning platform for application lodgement.

Setup your account

Getting set-up for online lodgement is simple and you can start using it straight away:

  1. Go to www.planningportal.nsw.gov.au
  2. Click on ‘My Account’
  3. Select ‘Create Account’ and follow the prompts

Once created, you can apply for Complying Development Certificates with us online via your ePlanning account.

For an overview on the NSW Planning Portal, watch this video.

Fees

Applications will only be formally accepted and progressed upon payment. Complying Development Application and related fees must be paid to Council for the processing of an application. An invoice will be sent via the Planning Portal to the applicant.

Additional information

Once your application has been submitted we will check over it and let you know via your Planning Portal account if we require any additional information. If so, you will need to submit this information to us via your Planning Portal account.

Keeping track of your application

You will be automatically notified when we've lodged your application into our system and when your application has been determined by us. Approved plans and documentation will be delivered to you via your Planning Portal account. 

You may need separate approvals or permits for specific parts of the development or activities before you lodge your application, such as:

After you lodge your application, Council will determine if approval is granted.

If your development is approved, you will receive the conditions of consent.

What if I can’t meet all the criteria?

If your development does not satisfy all the controls or is proposed on land which is excluded from the state policy, complying development cannot be approved. A Development Application must be lodged.


Last updated on 05 January 2021