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Complying Development

What is Complying Development?

Complying development is small scale residential, commercial and industrial development that complies with set development standards issued by the State Government. 

To qualify for complying development your land must not comprise that described in Clause 1.17AClause 1.18 and Clause 1.19 of the Codes SEPP.  In the Hurstville local government area, this means that if your land is listed as a heritage item or draft heritage item you cannot do complying development. This is because the heritage listings in Hurtsville affect the whole of the land (i.e. the whole Lot and DP is listed as being of heritage significance) and for this reason the land is wholly excluded from Complying Development.

In Hurstville, if your land is partly affected by certain land based exlcusions such as:

  • Class 1 or Class 2 Acid Sulfate Soils; or
  • Is land reserved for a public purpose; or
  • Is land within a foreshore area;

you may still be able to do complying development on the unaffected part of the land. Refer to Clause 1.17A, Clause 1.18 and Clause 1.19 for more detail or apply for a Section 149(2) Certificate to confirm whether complying development is possible on your land.

Complying Development Applications are approved through the issuing of a Complying Development Certificate.  Applicants can lodge a pdf icon Complying Development Certificate Application (70.77kB) with Council or an Accredited Certifier.  Complying Developments must be determined within a statutory timeframe of:

  •  twenty (20) days for complying development which requires neighbour notification; or
  •  ten (10) days for all other complying developments.

It is the responsibility of the applicant to ensure that the proposed development achieves all of the Complying Development requirements stipulated under the State or Local Codes.  Council and Accredited Certifiers have no discretionary authority when it comes to complying development. 

Complying Development - State Environmental Planing Policy (Exempt and Complying Development) 2008 ("Codes SEPP")

There are currently nine (9) Complying Development Codes under the Codes SEPP.  These include:

 A Complying Development Certificate:

  • is a combined development and construction approval in one certificate;
  • states that the proposed development will comply with all relevant development standards and requirements;
  • contains prescribed conditions under the Environmental Planning & Assessment Regulation 2000 and conditions of approval under the relevant Code in the Codes SEPP.

Applying for a certificate

If you are satisfied that your proposal complies with all the relevant development standardsyou can lodge a pdf icon Complying Development Certificate Application (35.32kB)with Hurstville City Council.  Make sure you submit the required information as outlined in pdf icon Checklist No.2 - Complying Development Checklist (112.81kB)

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