Minor development work that does not require development consent is known as ‘Exempt Development’. For a detailed explanation of 'Exempt Development' refer to Section 76(2) of the Environmental Planning and Assessment Act 1979.
Exempt development can be undertaken if it satisfies the requirements under either:
- State Environment Planning Policy (Exempt and Complying Development Codes) 2008 ("Codes SEPP"); or
- Clause 3.1 of Hurstville Local Environmental Plan 2012 ("Hurstville LEP 2012").
If the same 'exempt development' category is specified in both the Codes SEPP and Hurstville LEP 2012, the controls in the LEP do not apply to that development. The development standards in the Codes SEPP prevail.
If the Hurstville LEP 2012 specifies 'exempt development' that is not the same as development specified as 'exempt development' in the Codes SEPP, the Codes SEPP does not affect the operation of the Hurstville LEP 2012 in relation to that development.
General Requirements under the Codes SEPP
There are some preconditions before any work can be considered Exempt Development, under the Codes SEPP.
The categories of Exempt Development under the Codes SEPP are:
General Requirements under Hurstville Local Environmental Plan 2012