What is Complying Development?
Complying Development is a fast-tracked approval process for straightforward development proposals that comply with specific, pre-determined development standards set out under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
The complying development process requires the applicant to carry out their own assessment and identify if the proposal complies with the specific development standards prior to lodging the application with Council.
To carry out an assessment you will need to check your proposal against the following:
- Specific development codes under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
- National Construction Code - Building Code of Australia
For help with carrying out this assessment, it is advised that the applicant do the following:
- Carry out a land titles search to check for any easements or restrictions.
- Lodge an application for a 149(5) Planning Certificate, this will provide you with information about how a property may be used and restrictions on development that may apply.
The following additional applications will need to be lodged with Council as applicable to the development:
- For any proposed plumbing and drainage works a Plumbing & Drainage Section 68 Application Form will need to be lodged with Council to approve the plumbing and drainage works.
Note: Before the Complying Development Certificate is issued, you must have a plumbing and drainage approval if you are proposing an on-site effluent disposal system on unsewered land
- For any proposed kerb, crossover or driveway works Form 35 - Application for activities in a Council road reserve will need to be lodged and approved prior to a complying development certificate being issued.
It is your responsibility to make sure the proposal complies with the specific development standards prior to lodging the application with Council. Lodging a complying development application that does not comply may result in a determination refusal and loss of the paid fees.
When you have filled out all the required forms you can lodge your application. A completed CDC will generally include:
- Completed forms
- All matters required for a CDC as listed in the EP&A Regulation (Schedule 1, Part 2)
- The following documents as applicable to the development:
- Site plan.
- Floor plans.
- Elevations and section.
- Window and door schedule.
- Structural engineer's details.
- Demolition plan.
- Stormwater plan.
- Sewer service plan.
- Landscaping plan.
- BASIX Certificate.
- Sediment, erosion and waste management plan.
- Part J report (only for class 2-9 buildings).
- The required fees.
Visit our common application types page for more information on the necessary documentation.
Lodgement can be made:
- Over the counter - 209 Comur Street, Yass
- Email - Council@yass.nsw.gov.au
- Post - PO Box 6 YASS NSW 2582
Lodgement is the formal start of the CDC process. We will check that all the information has been provided and calculate the relevant fees. If the information you provide is adequate and when the fees have been paid, the application will be ‘lodged’ and the assessment process has started. If the information is inadequate, we may not lodge the application or could ‘stop the clock’ on the assessment until the required information is provided.
It is your responsibility to provide all the required information and to make sure your CDC provides enough detail to enable us to make a decision. Getting this right will save you time and money.
Allocation to your assessment officer
An assessment officer, a Council building surveyor, will be allocated to you and they will be your key point of contact. The assessment officer will contact you to acknowledge receipt of the application and will provide you with regular updates during the assessment. It is recommended that you wait for your assessment officer to contact you. If there is a significant issue or need for clarification, your assessment officer will contact you.
Key points of contact will be:
- Initial acknowledgement.
- Site inspection.
- Request for additional information.
- Notice of the decision.
Remember if you have engaged someone else to be the applicant on your behalf, then we will contact them, not you. In some instances we may also request to speak to a member of your specialist team.
How long will it take?
Processing time for a complying development in the Yass Valley Local Government Area is 10 working days, on the basis that all required information is provided at the time of lodgement of the application.
What happens to my CDC now?
All CDCs must be formally assessed. This means that the site must be inspected, the plans assessed against the NCC Building Code of Australia, the proposal assessed against the specific development standards and recommendations made. The two matters that we must consider (under section 4.28(3) of the EP&A Act) are:
- Whether or not the proposed development is complying development.
- Whether or not the proposed development complies with the relevant development standards.
CDC Tracking System
Unfortunately the online application “Track my DA” is currently unavailable. If you are seeking progress on a CDC you have lodged please speak to our friendly Customer Service team – 6226 1477 / Council@yass.nsw.gov.au.
Additional Information Requests
If you get the ‘front end’ right then we will most likely have all the information required to make a decision. However, it may be necessary for the assessment officer to contact you or your consultant and request clarification or additional information. It’s helpful if you can respond quickly and it’s best to get your experts to talk directly with us if further clarification is needed.
There are four possible outcomes for the determination of a CDC:
- Granted, unconditionally.
- Granted, with conditions.
- Deferred Commencement Certificate – granted subject to a condition that the certificate is not to operate until the condition is satisfied.
Who makes the decision on your CDC?
Decisions on CDCs are made by the allocated assessment officer.
Your Complying Development Certificate is a legal document and is extremely important – you must build according to the conditions to avoid possible penalties or having to take costly rectification measures. As an owner, you should carefully read and discuss these conditions with your certification and building team members, as the conditions may modify the proposal you submitted.
Conditions also require you and your team to take steps prior to or at key stages e.g. prior to/during construction and prior to the issue of an Occupation Certificate.
If you wish to make changes to your approved plans (or the conditions), you can submit a Modification Application Form. This may be needed if you change your mind on particular aspects of the development. The development you seek to modify must remain substantially the same as the development the original consent was granted for. If the application varies too much from the original consent, a new CDC or DA must be lodged. Modifications can be time consuming and cost additional fees. Getting the intended outcome right in the initial lodgement process is much easier.
Next Step – Building Certification