Do I Need Approval?
Whether you need approval will depend on which of these categories your proposed development falls into:
- Exempt development: minor works that do not require approval because they are undertaken in accordance with the specified standards in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the State Policy).
- Complying development: combined Development Application and Construction Certificate process where the development meets the specified standards in the State Policy.
- Developments requiring consent: all other local development that is not exempt or complying requires a Development Application and a Construction Certificate.
Exempt Development
You can do some minor building works in NSW without needing approval. Exempt development is low impact development that can be carried out for certain residential, commercial and industrial developments.
The State Policy sets out the standards that each type of development must meet in order to be exempt, as well as the general requirements that apply to all exempt development (in Part 1 of the State Policy). If your development meets these criteria, you can proceed without approval from Council. We recommend that you keep a copy of the State Policy for your records.
Schedule 2 of the Muswellbrook Local Environmental Plan 2009 also sets out exempt development that can be carried out without the need for development consent.
For development types that do not require approval, refer to ‘Exempt development’ on the NSW Planning Portal or the State Policy.
From 1 July 2021, all Development Applications, Complying Development Certificates and Post-Consent Certificates must be lodged online using the NSW Planning Portal.
Complying Development
Complying development is a fast-track approval process for straightforward residential, commercial and industrial development. If the application meets specific criteria it can be determined by Council or a private registered certifier in the form of a Complying Development Certificate (CDC).
This certificate combines approval for use of the land and the building construction works. In other words, it combines the functions of a Development Application (DA) and a Construction Certificate (CC) and is a simpler and quicker approval process than submitting a Development Application.
A CDC can only be issued if the proposed development complies with the specific requirements and criteria for complying development outlined in the State Policy. The development also needs to comply with the Building Code of Australia (BCA) and the Environmental Planning & Assessment Act 1979.
A CDC can be issued by either Council or a private registered certifier and must be obtained before commencing any demolition, excavation or building work or other development.
For more information about complying development, visit Complying Development on the NSW Planning Portal or contact Council’s Planning Department for assistance.
Developments Requiring Consent
If your proposed work does not fall under the categories of exempt development or complying development – and assuming it is not classified as a State Significant Development – you will be required to submit a Development Application for consent from Council.
