This Code lists numerous types of minor residential, commercial and industrial development that can proceed as exempt development. The Code also outlines how residential developments such as detached one and two storey dwellings, home extensions and other ancillary development such as swimming pools can proceed as complying development with council or accredited certifier approval within 10 days. The Code also outlines how industrial and commercial developments can be treated as complying development.

The State Environment Planning Policy (SEPP) commenced on 27 February 2009 and applies to urban, rural, industrial and commercial zones state-wide.

If the Muswellbrook Local Environment Plan 2009 nominates a development type as exempt or complying and the Codes SEPP does not deal with that development type, Council’s current provisions for that development type still apply.
The exempt development criteria for use of land, change of use, advertisements, signs and displays contained within the Muswellbrook Local Environment Plan 2009 continue to apply.

Not all sites are suitable to be assessed as complying development. Some sites such as those containing Heritage Items, or land that is considered a high risk to bushfire or flooding are  unable to be complying development. If the site does not meet the land based requirements the proposal cannot be determined as complying development.

There are two ways that you can determine whether you meet the land based requirements:

  1. You can carry out research to determine whether your site is excluded under the Codes SEPP, or
  2. You can apply to Council for a s149 Planning Certificate under Section 149(2) of the Environmental Planning and Assessment Act that will identify whether the site meets the land based criteria.


Further information on the NSW Housing Code is available at housingcode.planning.nsw.gov.au.

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