Liverpool Plains Shire DCP Plans

COMMENCEMENT OF STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 ON 27 FEBRUARY 2008

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Codes SEPP) will commence operation on 27 February 2009. Part 2 of the Codes SEPP comprises the General Exempt Development Code.

It specified 40 types of development of minor environmental impact that may be carried out as exempt development without the need to approval under the NSW planning system. Part 3 of the Codes SEPP contained the first stage of the General Housing Code and specified how residential developments, including:

detached single and two storey dwelling houses
alterations and additions
other ancillary development, such as swimming pools

can proceed in certain zones on lots 450 square metres and greater as complying development.

The relationship between the Codes SEPP and Council’s existing exempt and complying development provisions in its LEP or DCP are dealt with under clause 1.9 of the Codes SEPP.

These arrangements ensure an orderly and efficient transition to the new State-wide codes and provide for Council’s existing complying development provision to continue unaffected for the first 12 months of the operation of the Codes

SEPP. Under the arrangements in the Codes SEPP:

if the same development type is specified as exempt development in the General Exempt Development Code and in the Council’s existing LEP or DCP, then the Codes SEPP prevails and the development must be carried out in accordance with the General Exempt Development Code
if the General Housing Code specified a development type as complying and the Council’s LEP or DCP nominated it as complying applicants can, until 27 February 2010, choose to use whichever provisions they prefer as the basis on which to prepare an application for a complying development certificate
if the General Exempt Development Code specifies a development type as exempt and the Council’s LPE or DCP nominate it as complying, applicants can, until 27 February 2010, choose to use whichever provisions they prefer as the basis for being considered to carry out their development as exempt development
if the same development type is specified as complying development in the General Housing Code and as exempt development in the Council’s LEP or DCP, then the provisions of the Codes SEPP prevails and the development must be carried out as complying development in accordance with the Codes SEPP
if a LEP or DCP nominates a development type as exempt or complying and the Codes SEPP does not deal with that development type, then the Council’s current provisions prevail.

During the transition period between commencement of the Codes SEPP and 27 February 2010 applicants will be required to nominate on their application for a complying development certificate which planning controls they will be relying on. Liverpool Plains Shire Council’s existing DCP’s are as follows:

Quirindi Shire Council Development Control Plan Number Two - Exempt and Complying Development (covering the previous Quirindi Shire Council area)

Parry Local Environmental Plan 1987 – Schedule 5 Exempt Development and Schedule 6 Complying Development (covering the previous Parry Shire Council area)
Murrurundi Shire Council Development Control Plan for Exempt and Complying Development (covering the previous Murrurundi Shire Council area)

All of the documents can be viewed by clicking on the links below along with the

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and application form for a Complying Development Certificate.

If you have any enquiries in relation to the implementation of the new SEPP please do not hesitate to contact Council’s Environmental Services Department on (02) 6746 1755.

Please find Relevant Documents Below:

Parry-DCP-10-Notification-and-Advertising-of-DAs

Parry-DCP-12-Residential-Development

Quirindi-DCP-1-Industrial-Development

Murrurundi-DCP-Exempt-and-Complying-Development

Quirindi-DCP2-Exempt-and-Complying-Development