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Complying Development News
Recent changes to the NSW Housing Code now requires that Principal Certifying Authorities (both Council Officers and Private Certifiers) must notify residential development to surrounding neighbours 14 days before issuing a Complying Development Certificate (CDC).
What is Complying Development, you may ask?
Complying Development is specified as small-scale, low-impact development, which complies with pre-set criteria detailed in a relevant planning instrument, including:
- NSW State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Codes SEPP)
- NSW State Environmental Planning Policy (Infrastructure) 2007
- NSW State Environmental Planning Policy (Affordable Rental Housing) 2009
Complying development, is basically, a fast-track single-stage approval process, which requires a Complying Development Certificate to be obtained from a private sector Accredited Certifier or the Council.
Complying development requires detailed plans and specifications to be prepared (e.g. by an architect and/or professional engineer) and an application for a Complying Development Certificate is to be made to Council or an Accredited Certifier.
If all of the criteria, requirements and standards relating to the proposed building or other development are satisfied, the Accredited Certifier or Council will issue a Complying Development Certificate.
Some of the types of development listed as complying development include:
- internal or external alterations and/or additions to dwelling houses
- carports, garages and car spaces
- shade structures, conservatories, awnings and pergolas
- new dwelling houses
- fences and retaining walls
- swimming pools and spas
- internal alterations to commercial buildings
- shop or office fitouts, shopfronts and awnings
- certain types of land and strata subdivision
- changes of certain commercial and industrial uses
- demolition of certain buildings
When a CDC is being considered or issued by a private certifier, Council cannot become involved in the determination or outcome of the CDC. You may wish to contact the private certifier directly, remembering though that the proposed work must comply with specific criteria and if the proposal is compliant a certifier (including Council) cannot refuse the application.
Council encourages consultation between neighbours in relation to CDCs and other less significant work, deemed 'Exempt Development', which covers minor work such as BBQs, pergolas and small sheds.
Should you be considering a Complying Development Certificate application, Council encourages you to speak with our officers who may assist you with the lodgment and issue of a certicate for your work.
Please contact Council's Customer Services Department on 9562 1666 for further assistance.
Footway Trading News
In 2011, Council consulted the community to gauge their view on business use on the City's footpaths. While local business largely supported the prospect, residents were strongly opposed to trading on public footpaths.
To balance these competing interests, Council developed a Footway Trading Policy that governs commercial use of the City's footways. The Policy has now been in operation for 12 months. In that time, Council has worked closely with local businesses to ensure a smooth transition to the Policy and Council is grateful to all businesses that have complied with the Policy.
While working with local businesses, Council held an amnesty on issuing fines for violation of the Policy. However, Council must inform you that this amnesty period is now at an end. As a result, in order to ensure compliance, Council will now be issuing fines to local businesses not complying with the Policy.
Business wanting to apply to trade on the footpath are able to do so online.
New Swimming Pool and Spa Regulations
In 2012 a comprehensive review of the NSW Swimming Pools Act 1992 identified a number of amendments designed to enhance the safety of children under the age of five years around backyard swimming pools and spas in NSW.
The following now applies to swimming pool and spa owners, including multi unit complexes:
- Swimming pool and spa owners are required to register their swimming pools and/or spas by Tuesday 29 October 2013 on an online register provided by the NSW State Government
- The NSW State Government register is available online
- Swimming pool/spa owners will be required to self-assess, and state in the register that, to the best of their knowledge, their swimming pool/spa complies with the applicable standard when registering their pool/spa, in accordance with an accompanying check list
- There is a penalty for owners who fail to register a swimming pool and/or spa (penalty of $220)
- Swimming pool/spa owners will be required to provide a valid Swimming Pool Compliance Certificate before being able to sell or lease a property with a pool/spa from Friday 29 April 2016. A Compliance Certificate will only be issued if the pool barrier complies with the NSW Swimming Pools Act 1992, as amended, the Swimming Pool Regulations and the Australian Standard as applicable to the date of construction of the swimming pool/spa
- Swimming Pool Compliance Certificates are available from Council, subject to application and fee. Application forms can be obtained from this website or the Customer Service Centre. Compliance Certificates are valid for three years
- A swimming pool/spa, subject to an Occupation Certificate, is exempt from an inspection program for three years from the date of issue of the Occupation Certificate
- More information is available on this website