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Exempt and Complying Development

Exempt development

Some minor types of development don’t need approval from Council, as long as they are low impact and meet any relevant State guidelines. This is called exempt development, and can include things like decks, garden sheds, carports and fences.

You can read more about exempt development on the NSW Department of Planning website.

Complying development

Many straightforward, common types of development like building or adding to a house, demolishing a building, or changing a business use can be done as complying development. This is a fast-track approval process for straightforward residential, commercial and industrial development.

The work will need to meet any relevant standards and be signed off by an accredited certifying authority. Council is an accredited certifying authority. Other accredited certifiers can be found on the Building Certifiers Public Register.

You can apply for Council to assess your complying development, and apply for a final Occupation Certificate once work is finished.

Use the button below to apply to Council via the NSW Planning Portal for a complying development certificate or occupation certificate.

Apply for Complying Development Certificate
Apply for Complying Development Certificate

If you’re doing work on bush fire prone land as complying development, you will need to get a Bush Fire Attack Level (BAL) Risk Assessment Certificate.

Before an accredited certifier can issue a Complying Development Certificate (CDC), the applicant must obtain any required approval under the Roads Act 1993 from Wollongong City Council as the Roads Authority. Any required Section 138 approval must be granted before a CDC can be issued.

Legislative requirement

Clause 1.18(1)(e) of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 requires:

Before a complying development certificate is issued, written consent must be obtained from the relevant roads authority (where required under Section 138 of the Roads Act 1993) for the construction of any kerb, crossover or driveway.

Note: Additional approvals under Section 138 of the Roads Act 1993 may also be required for other works within the road reserve.

Circumstances where Section 138 approval will not be granted for complying development

Council will not grant Section 138 approval to facilitate a CDC where the proposal:

  1. Requires reshaping or regrading of the footpath, or retaining walls within the road reserve, outside the extent of the proposed driveway.
  2. Includes retaining walls or other structures within Council's road reserve.
  3. Proposes driveway grades that exceed Council's standards and / or the requirements of AS2890.1-2004.
  4. Proposes dual driveways that do not allow for retention of on street parking. In most cases this requires a minimum clear distance of 5.4m between the outside edge of the layback wings.
  5. Requires the removal of an existing street tree or involves work within the dripline of an existing street tree.
  6. Requires the modification, relocation or adjustment of public infrastructure including traffic facilities, drainage pits, lintels or similar assets.

When a Development Application is required

Where any of the circumstances listed above apply, Council will not grant Section 138 approval in support of a Complying Development Certificate (CDC). In these circumstances, a complete Development Application (DA) must be lodged with Wollongong City Council for the entire development proposal, including all buildings, driveways, public domain works and any associated works within the road reserve.

A DA enables Council to undertake a detailed assessment of the proposal and its impacts on the public road, public infrastructure, streetscape, parking, and the surrounding environment.

Important information for applicants

Applications seeking Section 138 approval in support of a CDC will be assessed based on the information provided by the applicant. It is the applicant's responsibility to provide sufficient information to demonstrate compliance with all relevant requirements.

Where adequate information is not provided, or compliance cannot be demonstrated, Council may determine the application based on the information available. This may result in the application being refused.

What if my project doesn't meet the rules for Exempt or Complying Development?

If your activity doesn’t fit within the rules for exempt or complying development, you will most likely need to get approval from Council by submitting a development application.

You can also ask us for free development advice to confirm what you'll need to do.