Development Control

 ‘Development’ is defined in the Environmental Planning and Assessment Act 1979 as:

  • The use of land
  • The subdivision of land
  • The erection of a building
  • The carrying out of a work
  • The demolition of a building or work
  • Any other thing or act referred to in an Environmental Planning Instrument.

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:

  • Exempt Development
  • Development without consent
  • Complying Development
  • Local Development
  • Integrated Development
  • Designated Development
  • Regional development
  • State Significant development and State Significant Infrastructure


Exempt Development

Exempt 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/

Development without consent

Development 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

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:

  • General Housing code
  • Rural Housing Code
  • Housing Alterations Code
  • General Development Code
  • General Commercial and Industrial Code
  • Subdivisions Code
  • Demolition Code

Development 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.

Local Development

Local 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.

Integrated Development

Integrated 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.

Designated Development

Designated Development: this type of development is classed as having a degree of environmental impact and requires an Environmental Impact Statement (EIS) accompanying any Development Application. Designated Development types are contained within Schedule 3 of the Environmental Planning and Assessment Regulation 2000 available at www.legislation.nsw.gov.au .

Regional Development

Regional 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

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.