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NSW Housing Code

State Environmental Planning Policy (Exempt & Complying Development Codes) 2008 commences on 27 February 2009. From this date, the following will apply:

  • For exempt development - where the development type nominated in the SEPP is the same as DCP 6, then the SEPP applies
  • For complying development - where the development type nominated in the SEPP is the same as the development type nominated in DCP 6, then you can choose to use either the provisions of the SEPP or DCP 6. This applies for 12 months (February 2010) after which time Council's DCP will be repealed by the SEPP.
  • For exempt and complying development - where the development type is not nominated in the SEPP but is included in DCP 6, then DCP 6 - Exempt & Complying Development applies.
  • If the same development type is specified as complying development in the SEPP, and exempt development in DCP 6, then the provisions of the SEPP prevails and the development must be carried out as complying development.
  • If the same development type is specified as exempt development in the SEPP, and complying development in DCP 6, then you can choose to use either the provisions of the SEPP or DCP 6. This applies for 12 months (February 2010) after which time Council's DCP will be repealed by the SEPP.
  • For complying development – where the development type is in DCP 6 but not in the SEPP, then DCP 6 will continue to apply after 27 February 2010 until those development types are covered by future amendments to the SEPP.

Note: You must nominate which provisions you are using on the Complying Development Application Form. A copy of the Codes SEPP is available at http://www.legislation.nsw.gov.au For further information please email planningreform@planning.nsw.gov.au or call the Department of Planning's Information Centre on 02 9228 6333.