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NSW Department of Planning, Industry and Environment
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We continuously review the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) to ensure it is effectively reducing red tape, costs and delays for exempt and complying development.

 

Exempt development allows for minor and low impact building works or home renovations to be carried out without needing planning or building approval.

 

Complying development is a fast-tracked approval for straightforward development that complies with the standards in the Codes SEPP. It includes new homes, home renovations, new industrial buildings and changes to shops and commercial buildings. 

 

Recently finalised amendments

Miscellaneous amendments to the Codes SEPP

Minor amendments were made on 29 January 2021 to various provisions across the Codes SEPP to clarify their intended policy intention and improve the readability of the instrument as a whole.

 

The amendments were made in response to feedback from stakeholders including applicants, certifiers, councils, industry and the community. Some amendments were publicly exhibited in an Explanation of Intended Effect in 2018.

 

A summary of the key changes are outlined below.

 

Standard Code Amendment
Minor building alterations (internal)
General Exempt Development Code 
Facilitate internal partitioned workspaces for office and retail fit outs as exempt development.
Dual occupancies and attached development
Low Rise Housing Diversity Code
Clarify that a dual occupancy is characterised by two dwellings sharing a common wall in a semi-detached configuration.
Specified development for storage premises
Commercial and Industrial (New Buildings and Additions) Code 
Introduce development for the purpose of ‘storage premises’ as complying development specified under the Code.
Setbacks from roads for new buildings and additions of commercial and industrial development
Commercial and Industrial (New Buildings and Additions) Code
Specify that local council development controls relating to setbacks of development from roads in Development Control Plans (DCPs) prevail over those controls prescribed by the Codes SEPP, in recognition and alignment with council local character work.
Landscaping exemption
Commercial and Industrial (New Buildings and Additions) Code
Allow alterations or additions to industrial buildings that do not increase the footprint of structures or decrease the existing landscaped area to be exempt from the minimum landscaped area requirement.
Landscaping Commercial and Industrial (New Buildings and Additions) Code Add a requirement for industrial buildings landscaped areas to comply with the respective councils’ requirements in DCPs.
Street activation Commercial and Industrial (New Buildings and Additions) Code
Add a requirement for windows or doors to be provided on walls facing public roads.
Front façade materials of main exterior finish
Commercial and Industrial (New Buildings and Additions) Code
Remove the existing provision requiring 30% of front façade materials for new industrial buildings to be different to the main exterior finish.
Façades – materials and colour
Commercial and Industrial (New Buildings and Additions) Code
Remove the existing provision requiring the finish of building alterations and additions of commercial premises to be of similar materials and colour to the existing premises, allowing greater flexibility to achieve good design outcomes.
Sun shading devices
Commercial and Industrial (New Buildings and Additions) Code
Amend an existing provision requiring sun shading devices to require them on east-facing walls and windows in addition to those facing north and west.
Privacy screens
Commercial and Industrial (New Buildings and Additions) Code
Amend the setback requirements for commercial premises for privacy screens an alteration or addition wall facing residential accommodation to be consistent with the Apartment Design Guide .
Clarification of existing provisions
Whole SEPP
Clarify clauses that have been identified as being unclear or ambiguous following stakeholder feedback
Minor corrections
Whole SEPP
Correct references, diagrams and minor anomalies across the Codes SEPP.

 

For more information

Page last updated: 29/04/2021