Exempt and Complying Development

Certain minor developments may be able to be carried out as exempt or complying development.

'Exempt development' is development that will have only a minimal impact on the local environment and has been classified as exempt development in a local, regional or State planning instrument.  Development consent is not required for exempt development as long as you satisfy the requirements in the applicable planning instrument.

‘Complying development’ is development where the environmental impact is predictable and minor, can be addressed by development standards and has been classified as complying development in a local, regional or State planning instrument.  To carry out the development, you will need to obtain a complying development certificate from an accredited certifier, or the local council.

State Environmental Planning Policy (Infrastructure) 2007 (SEPP Infrastructure) has specific provisions for exempt and complying development carried out on land in the area of a port, managed by a Port Corporation.  For a list of the exempt and complying development provisions of the SEPP Infrastructure, please refer to clauses 70 and 71 of State Environmental Planning Policy (Infrastructure) 2007.

Please note that while a proposed development may be exempt or complying development, consent to undertake the works is still required to be obtained from Sydney Ports as the land owner.

For assistance with determining whether a development proposal can be undertaken as exempt or complying, please contact the Sydney Ports Planning Department.