Types of Development
“Development” is defined by the Environmental Planning and Assessment Act 1979, and includes erecting or demolishing a building, subdividing land, changing the use of land or carrying out work on land. A large percentage of Developments within the Glen Innes Severn Council area need Development Consent. If a proposed development is not Exempt Development or Complying Development ( related sections) it may require a Development Application to be submitted and approved.
Note: Development Applications/Approvals are subject to Council's Local Environmental Plans (Glen Innes Severn LEP). They may also be subject to various Council Development Control Plans, Policies and State or National Acts, Regulations and Codes.
Examples of Developments needing Development Approval may include:
- Dwellings not meeting SEPP 60 requirements;
- Multiple dwellings on a single property.
- Other developments not meeting SEPP 60 requirements.
- Heritage significant proposals.
- Proposals in environmentally sensitive areas.
- Commercial and Industrial proposals.
- Torrens Title Subdivision (Land Subdivision).
- Strata Title Subdivision.
- Community Title Subdivision.
- State Significant Subdivision.
It is highly recommended that if you think your proposal may need Development Approval that you contact a Council Town Planner to confirm, or to clarify requirements for your proposal.
Some low-impact developmentd don't need planning or construction approval by Glen Innes Severn Council iif certain development standards are met. This is called Exempt Development. Exempt development covers approximatley 80 categories of development including residential, commercial and industrial.
Council determines Exempt Development based upon requirements listed in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, which is legislation made under the Environmental Planning and Assessment Act (EP&A Act)1979. While most exempt development provisions are covered by the State Environmental Planning Policy, there are a small number of exempt development types contained within the Glen Innes Severn Local Environment Plan 2012.
The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, staes that Exempt Development:
- must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, or if there are no such provisions, must be structurally adequate and
- have minimal environmental impact, and
- must not be carried out on land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994, and
- must not be carried out on land that is, or is part of, a wilderness area (within the meaning of Wilderness Act 1987), and
- must not be carried out on land that is, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977, or that is subject to an interim heritage order under that Act,
Please note that although a proposal may not require planning or construction approval, there may be other legislative requirements for approvals, licences and permits.
Examples of Exempt Development may include:
- Minor dwelling repairs, minor internal alterations, minor outdoor structures and some forms of fencing
- Playground equipment
- Rural use structures
- Minor landscaping
If you think your proposed works may be Exempt Development, it is highly recommened that you contact Councils Building Surveyor or Town Planner to confirm the exemption, or to clarify requirements for your proposal.
No application form is required.
Complying development is development for the purposes of a house (or extension or addition to) which will have little impact. Complying development may also be works to an existing commercial or industrial building.
Development can only be complying development if it complies with the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008,
Before carrying out complying development, a Complying Development Certificate must be obtained. Applicants are required to ensure that the proposed development can be considered as complying development and that it complies with all relevant development standards listed in the code.
If the proposal does not satisfy all of the specified development standards then a Development Application will be required to be submitted to Council for the proposed development.
Local development refers to development that requires a Development Application to be submitted to Council.
Most types of development are 'local development' and include houses, swimming pools, industrial, commercial and public buildings, subdivisions, changes of use and boundary alterations.
Integrated development is development that not only requires Council approval, but also requires the approval of another government department.
Council coordinates the process of seeking approvals from other government departments as part of the assessment of the application.
An applicant for integrated development must identify what approvals from government agencies are required, and should consult such agencies before lodging the development application.
Designated development is development that is listed in Schedule 3 of the Environmental Planning and Assessment Regulation 2000(PDF, 776KB), which includes large scale, potentially hazardous, noxious and offensive uses.
An Environmental Impact Statement (EIS) must accompany a development application for designated development and applicants should engage an appropriately qualified consultant to prepare the EIS.
State Significant Development
This is development declared to be of State significance by the Minister for Planning or by a State Environmental Planning Policy (SEPP), a Regional Environmental Plan (REP) or in the NSW Government Gazette.
In addition, the Minister has the power to call in specific development applications, including development prohibited by a local environmental plan.
State significant development requires the submission of a development application to planningNSW for determination.