Complying Development

Building alterations (internal), change of use of premises, first use of premises, mechanical ventilation systems, shop fronts and awnings, skylights and roof windows, projecting wall signs, freestanding pylon and directory board signs, development ancillary to the use of land, earthworks, retaining walls and structural support, driveways, hard stand spaces, pathways and paving, fences.

• Commercial and Industrial Alterations Code

The construction of a building for the purposes of industry (other than heavy industry) or a warehouse or distribution centre, addition to an existing building that is used for the purpose of industry (other than heavy industry) or a warehouse or distribution centre, the external alteration of an existing building used for the purpose of industry (other than heavy industry) or a warehouse or distribution centre, an addition to the rear of existing commercial premises, other than on a corner lot.

• Commercial and Industrial Code (new buildings and additions)

The demolition or removal of - a dwelling, ancillary development, a swimming pool, an industrial building, a commercial building that would be complying development under the Commercial and Industrial Alterations Code and the Commercial and Industrial (New Buildings and Additions) Code) if it were being constructed.

• Demolition Code

Certain fire safety upgrades.

• Fire Safety Code

Bed and breakfast, home businesses, tents, marquees or booths for community events, stages or platforms for community events, waterways structures.

• General Development Code

New single storey and two storey dwelling houses, alterations or additions to existing single storey and two storey dwelling houses, detached studios adjoining lanes, swimming pools, fences and retaining walls, construction of fences, outbuildings in heritage conservation areas.

• General Housing Code

The erection of a new 1 or 2 storey dwelling house and any attached development, the alteration of, or an addition to, a 1 or 2 storey dwelling house (including any addition that results in a 2 storey dwelling house) and any attached development, the erection of detached development and the alteration of, or an addition to, any detached development, in 'greenfield areas'. For more information visit the Department Of Planning (DOP) website.

• Greenfield Housing Code

Internal alterations, external alterations, external alteration to residential accommodation other than dwelling houses, attic conversions.

• Housing Alterations Code

Manor houses, dual occupancies and terraces. For more information, visit the DOP web site.

• Low Rise Medium Density Code

New single storey and two storey dwelling houses, alterations or additions to existing single storey and two storey dwelling houses.

• Rural Housing Code

Strata subdivision of a building, other than a dual occupancy, for which development consent or a complying development certificate was granted.

• Subdivision Code

Links to the maps, relating to each suburb, can be found on the applicable suburb page. The maps are also available on the official NSW legislation website in connection with the Newcastle LEP 2012.

A Section 10.7 - Planning Certificate for the parcel of land can also be applied for. The Certificate will include the relevant planning information and identify if the land is capable of being utilised for complying development.

The Department of Planning and Environment exhibited the translation of existing Business and Industrial zones into the new Employment zones from 31 May to 12 July 2022. To view the detail please visit the Department’s Planning Portal. Employment zones will be in place within individual LEPs by 1 December 2022 when the existing Business and Industrial zones will be repealed. Further information is available on the Department's website.

As of 1 December 2021, a reference to an Environment Protection zone E1, E2, E3 or E4 in a document should be taken to be a reference to a Conservation zone C1, C2, C3 or C4. For further information please see, Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021.

Additional information is available on the NSW Department of Planning website.

No. Other complying development are listed in the following planning instruments:

• Newcastle Local Environmental Plan 2012. The LEP contains provisions to the assessment of a tree removal on private land. Complying Development Certificate Applications should be accompanied by a site plan and a qualified arborist’s report demonstrating that the tree/s are affected by either: Unacceptable Risk, Diseased Condition, Property Damage or Suppressed Growth (see Section 3 of the Urban Forest Technical Manual for more information). If the tree is not affected by any of these criteria a development application is required for the tree removal. Complying Development Certificates (CDC’s) for tree removals can only be determined by CN. Apply for a Complying Development through the NSW Planning Portal.
• State Environmental Planning Policy (Infrastructure) 2007 – Development in this planning instrument can only be carried out by government bodies and relates to the provision of infrastructure.
• SEPP (Affordable Rental Housing) 2009 – This planning instrument encourages the development of affordable dwellings. Some of those developments may be Complying Development. Information sheets are available from the Department of Planning and Infrastructure website on the applicable development standards for Group homes and Secondary dwellings (granny flats).

A Complying Development Certificate can be determined by Council Certifiers or Accredited Certifiers.

The submission requirements for a Complying Development Application will be dependent on what Code the development 'fits into' and on the characteristics of the property e.g. is it affected by bushfire, flooding, affected by significant land contamination?

A comprehensive checklist is available to assist you with the preparation of an application. Applications to City of Newcastle (CN) must be made through the NSW Planning Portal from 1 January 2021.

If you would like CN to complete all the certification work for your complying development project, you will need to:

1. Review and complete the CN CDC lodgement checklist and compile all required supporting documentation,
2. Apply for a 'Complying Development Certificate' with 'Newcastle City Council' on the Planning Portal, along with uploading a copy of the completed CN CDC lodgement checklist and all required supporting documentation as part of your application,
3. Appoint 'Newcastle City Council' as the Principal Certifier on the Planning Portal, and once works are complete,
4. Apply for an 'Occupation Certificate' with 'Newcastle City Council' on the Planning Portal.

In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply.

If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

The legislative requirements specifically highlight the adjoining owner’s property rights and the need to comply with common law and other legislative requirements.