Complying Development
Complying developments are developments that comply with local and state government development standards. Complying Development Applications are approved through the issuing of a Complying Development Certificate.
Complying Development - State Environmental Planing Policy (Exempt and Complying Development) 2008 ("Codes SEPP")
Effective from 7 September 2009, there are three (3) categories of Complying Development under the Codes SEPP. These include:
For any Complying Development under the Codes SEPP, approval cannot be granted when the land:
- is an environmentally sensitive area, or
- comprises, or on which there is an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977, or
- land that comprises, or on which there is, a heritage item or draft heritage item, or
- land within a wilderness area (identified under the Wilderness Act 1987).
If only a part of a lot is affected by any of the above constraints, complying development must not be carried out on any part of that lot.
In addition to the above, Complying Development under the General Housing Code cannot be carried out when the land:
- is within a heritage conservation area or a draft heritage conservation area, or
- is reserved for a public purpose in an environmental planning instrument, or
- is unsewered land to which the Drinking Waer Catchments Regional Environmental Plan No 1 applies, or
- is land affected by Class 1 or Class 2 Acid Sulfate Soils, or
- is land that is bushfire prone land, or
- is a flood control lot, or
- is excluded land identified by an environmental planning instrument, or
- is land within a foreshore area.
As the Housing Internal Alterations Code relates to internal alterations only and the Commercial and Industrial Codes relates to internal alterations and change of use, the land based exclusions for these codes are less extensive than those for the General Housing Code. Refer to Clause 1.19 of the Codes SEPP.
Complying Development - Hurstville Council's Development Control Plan
If the same 'Complying Development' category is specified in the Codes SEPP as in Council's Development Control Plan , residents will have up until 27 February 2010 to select whether they wish to lodge a Complying Development Application under the State or Council's Local codes.
Refer to Council's Development Control Plan for a comprehensive list of Complying Development Categories. The land based exemptions for Complying Development are outlined in Section 2.1.3 of Development Control Plan No.1 and Development Control Plan No.2.
A Complying Development Certificate:
- states that the proposed development will comply with all relevant development standards and requirements
- in the case of development involving erection of a building, identifies its classification, in accordance with the Building Code of Australia.
Applying for a certificate
If you are satisfied that your proposal complies with all the relevant development standards, you can lodge a 
Complying Development Certificate Application (35.32kB)with Hurstville City Council.
The onus is on the applicant to ensure the application is in full compliance with the appropriate development standards.
More information