Some projects don’t need development approval if they comply with relevant provisions of the Planning and Development Regulation 2008.
While most projects have a list of requirements that must be met in order to be exempt, there is also usually a requirement that the development complies with general exemption criteria.
Summary of general exemption criteria
These general criteria must be met for all development approval exemptions, as well as the specific ones that apply for different structures.
- The development must not be located in an easement (proposed or existing), utility infrastructure access or protection space without the written permission from whoever owns that space (e.g. a utility).
- A development must not interfere with plumbing and drainage clearances.
- The development must not breach the Tree Protection Act 2005 or cause any part of a building or structure (other than a class 10 building or structure) to be on heritage listed property or property which is the subject of a heritage agreement. (i.e. all development, except for minor non-habitable buildings or structures requires a DA if it is on a heritage object or place.)
- The development must comply with the lease.
- The development must not increase the number of dwellings on a block to two or more dwellings.
- The development must comply with any other criteria that apply to the development.
To view the general exemption criteria see (Schedule 1, Part 1.2, Section 1.10) of the Planning and Development Regulation 2008.