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Exempt Development

Interactive House

This tool provides important planning information for complying and exempt developments. Simply click on the section of the house to learn how the legislation is applied to that area.

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Tree Removal

This could involve the pruning or complete removal of a tree and its roots.

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Solar Panels

Solar energy systems may be installed as exempt or complying development under the State Environmental Planning Policy (Infrastructure) 2009 (the ISEPP). A solar energy system means any of the following systems photovoltaic electricity generating system, solar hot water system and solar air heating system.

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Antenna

Antennae of certain sizes can be complying development where certain size and frequency rules are adhered to. If there is more than one house on the lot, for example a dual occupancy, one aerial, antenna or dish is permitted for each house.

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Outbuildings

Development of outbuildings can be undertaken as either exempt or complying development dependant on a range of standards which apply to the land.

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Shade Structures

The shade structure of under 20m2 and less than 3m height can be constructed as exempt development in certain circumstances. Development consent is required for shade structures proposed to be installed on land in a foreshore area.

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Pools and Spas

The swimming pool must be for private use and associated with a dwelling house (house used for a residence) and located behind the building line of the dwelling house. The swimming pool water line must be set back at least 1 metre from a side or rear boundary. Please refer to clause 3.28 of the Housing Code in the State Policy for a full list of development standards that a swimming pool must meet to be carried out as complying development.

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Pools and Spas

Private use swimming pools and spas can be considered as complying development when associated with a house and located behind the building line of the dwelling house. The swimming pool water line must be set back at least 1 metre from a side or rear boundary. Please refer to clause 3.28 of the Housing Code in the State Policy for a full list of development standards that a swimming pool and spas must meet to be carried out as complying development.

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Decks

The development of a deck or pergola under the complying development rules means it must be located behind the building line of any road frontage, and must be located from the lot boundary by at least five metres (if located on Zone RU1, RU2, RU3, RU4, RU6 or R5 and 900 millimetres (for any other zone). For a full breakdown of compliance requirements, please refer to Part 2 Division 1 Subdivision 6 of the State Policy.

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Fence

Fences can in some cases be built as exempt development, restrictions apply including gates must open inward, metal parts must be low reflective. On bushfire prone land, fences must be constructed of non-combustible materials or hardwood. If the fence is located in a koala habitat area or movement corridor, additional controls may be set by your council.

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Retaining wall

Generally, earthworks and structural supports must not be carried out, constructed or installed on or in a heritage item or a draft heritage item. If your development is in a heritage conservation area and draft heritage conservation area, may be carried out as exempt development only when constructed or installed in the rear yard.

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Water tank

Rainwater tanks are used to store rainwater for onsite use. Installation of rainwater tanks of less than 10,000L can generally be done as exempt development except land in a foreshore area or an environmentally sensitive area. If constructed or installed on or in a heritage item or draft heritage item, the tank must be in the rear yard.

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Sky lights

Are classified as Exempt development where they are for residential purposes, noting that they must not form more the 2% of the total roof area of the building. Further restrictions apply in dark sky areas.

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Pergola

The development of a deck or pergola under the complying development rules means it must be located behind the building line of any road frontage, and must be located from the lot boundary by at least five metres (if located on Zone RU1, RU2, RU3, RU4, RU6 or R5 and 900 millimetres (for any other zone). For a full breakdown of compliance requirements, please refer to Part 2 Division 1 Subdivision 6 of the State Policy.

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