What is a Complying Development Certificate (CDC)

In order to understand what a Complying Development Certificate- CDC is, it is first important to understand what Complying Development is. Complying Development is essentially a kind of planning approval which a council/accredited certifier can issue in the form of a CDC. The certificate is a combination of land-use approval & building construction.

About Planning Controls

Before you start complying development, you have to find out which planning controls apply to that land as well as to that type of development. Certain types of complying development could be subject to the local exclusions or variations. A section-149 planning certificate from the council outlines which planning controls apply & whether specific parts of that policy can be used for the development.

CD has been in place in New South Wales since 1998. This planning & construction approval-path was developed to specifically ensure low-risk & low-impact development types don’t have to be assessed via the merit-path of a DA. For these low-impact & low risk developments, the CD path has distinct cost and time savings for homeowners, the industry and the local government.

The CD Criteria

It is not possible for complying development to be carried out in case the development requires some agreement by another agency (concurrence)/a concurrence related to threatened species or critical habitat. In addition, it can’t be carried on land which is:

• A critical habitat under the 1995 Threatened Species Conservation Act/ 1994 Fisheries Management Act/ is a wilderness area under the 1987 Wilderness Act 1987
• CD cannot be carried out on land heritage-listed land which shows up on the SHR- State Heritage Register/ which is subject to the 1997 Heritage Act’s interim heritage.
• The CD cannot be carried out in any heritage item that has been identified in an EPI- Environmental Planning Instrument such as the LEP/ in a draft
• Environmental Planning Instrument that has been publicly-exhibited
• CD can be carried-out on land which is on the heritage list/ which is subject to an interim-heritage order, if that work falls in the exempted category of the 1977 Heritage Act
• Development can be carried-out if it is situated outside the mentioned area on the SHR/in an EPI

Does Your Proposal Comply Development?

In order for a proposal to be approved as CD and receive a CDC, the council LEP/ other environmental instruments have to give it the permission to do so. The development is also required comply with the BCA-Building Code of Australia. In addition:

• It shouldn’t need an environmental protection license under the 1997 PEOA- Protection of the Environment Operations Act
• It shouldn’t be designated as a development under the Act

What is Designated Development?

Designated development is the development which has been declared as a designated development by the regulations/environmental- planning instrument. It doesn’t include State-significant development. Before the CDC is issued, there may be need for a separate approval for 1/more of these:

• An on-site storm-water drainage system
• Effluent disposal system for un-sewered land, on-site
• Building any crossover/driveway/kerb, crossover or pruning/removal of vegetation/trees where the DC/approval is needed

Other Requirements

There are a few other requirements/limitations that may apply to the land. In some cases other approvals might be required for the land development within:

• Siding Springs area under Orana Regional
• Environmental Plan No. 1
• A mine subsidence area and
• The 20-25 ANEF contours with reference to aircraft noise

CDC Issuance

Based on what has been proposed, a CDC may be issued for:

• Internal alterations to a residential units or other dwelling
• Granny Flats (attached/detached)
• New dwellings
• Internal alteration to commercial building used for light industry/warehouse purposes
• Alteration to use for a commercial premises to any other uses such as shop to office or office to shop

Before you apply for approval of any development, it is important to get a clear understanding about what the requirements are. You can get more detailed information from here. You can also visit the NSW Government’s Planning & Environment Website for more information and details.

Thanks for reading,
Elementree Drafting Services
1300 566 873