‘Development’ is defined in the Environmental Planning and Assessment Act 1979 as:
Note: under the above legislation, a building does not include a manufactured home, moveable dwelling or associated structure. Such dwellings are subject to the provisions of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.
The permissibility of development on certain land will depend upon the type of development proposed. Developers should check the zoning of their land and what uses are permissible within that particular zone.
There are differing development types and these include:
Development is development which is of such low environmental impact that it
does not require consideration via a Development Application, provided that all
the requirements of the exempt development type is complies with. If this
cannot be achieved a Development Application must be lodged. The State
Environmental Planning Policy (Exempt and Complying Development Codes) 2008 is
where all the exempt development types are located. This state policy is
located at http://www.legislation.nsw.gov.au/maintop/scanact/inforce/NONE/0
One may also use the Interactive Buildings tool on Planning NSW website located at http://interactivebuildings.planning.nsw.gov.au/
without consent is development which can also be carried out without the need
for development consent although may have some level of environmental impact.
This type of development is typically development to be carried out by a public
authority. If a development is classified as ‘Development without consent’ the
development proponent will need to prepare an environmental assessment.
Complying Development is development which is ‘streamlined’ and based on pre-determined development standards as per the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 available at www.legislation.nsw.gov.au . Planning NSW offers a tool for assessment of properties in Tumut Shire as to whether the type of development is able to be approved as Complying Development. The tool also allows applicants to electronically lodge applications to the Council or private certifiers working in the area. The tool is available at www.ehc.nsw.gov.au/ . There are different codes within the Complying Development provisions which govern what type of development is being proposed. These include:
proponents wishing to undertake complying development should check the
provisions, depending on what code the proposed development comes under. Please
note there are exclusions for specific land where Complying Development may not
be carried out. Check clause 1.19 of the State Environmental Planning Policy
(Exempt and Complying Development Codes) 2008. A section 149 planning
certificate will confirm whether or not specific land can be the subject of
complying development under the above policy.
Development: this development type applies when the proposed development is not
exempt or complying development and a Development Application is required. The
proposed development will come under either another State Environmental
Planning Policy or the Tumut Local Environmental Plan. Development proponents
should check the permissibility of their proposed development against the
zoning of the land.
Development: this type of development is essentially Local development with a
requirement for an approval/s from another Authority. Section 91 of the
Environmental Planning and Assessment Act 1979 contains a list of the approvals
that would be required, depending upon the type of development proposed.
Development: this type of development is what is known as regional specific
development where Council initially assesses the application and then
it is determined by the relevant Joint Regional Planning Panel (i.e. in
this case the Southern Region). Developments which fall into the category of
Regional Development are contained within schedule 4A of the Environmental
Planning and Assessment Act 1979.
State Significant Development (SSD) & State Significant Infrastructure (SSI): this type of development is generally development which is significant to the State, due to the potential higher environmental impact the development may pose. Development which falls into the category of SSD include those listed in Schedule 1 of the State Environmental Planning Policy (State and Regional Development) 2011.
Development which falls into the category of SSI include those listed in Schedule 3 of the State Environmental Planning Policy (State and Regional Development) 2011. These development types are assessed by the Department of Planning and Infrastructure and determined by the Minister, the Planning Assessment Commission (PAC) or Senior Department staff. Further information regarding this development type is available at the Department of Planning and Infrastructure’s website www.planning.nsw.gov.au.