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Inland Code: Simplifying development approval in Regional Code

The NSW Department of Planning & Environment has recently announced new legislation aimed to simplify and speed up the approval process for homes, home renovations and farm buildings in regional NSW. The Inland Code commences on 1 January 2019, with its major purpose to simplify the complying and exempt development rules in residential and rural areas of regional NSW. The rules and regulations with respect to complying and exempt development are going to be consolidated into the Inland Code, which will then form part of 3D of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Who does it apply to?

The Inland Code will apply to 69 differing local government areas as specified on the Inland Code Map. The Inland Code will apply to specific developments on land zones RU1, RU2, RU3, RU4, RU5, RU6, R1, R2, R3, R4 and R5 in the inland LGA.

Exempt Development:

The Code creates a brand new category of developments that now are classed as ‘exempt’. More specifically, the code now states that development standards for stock holding yards (that are not used for the sale of stock, grain silos and grain bunkers) are now all classed as exempt developments in the hope that it simplifies the process for citizens within these LGA.
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Commencement of the Low Rise Medium Density Housing Code

On 6 July 2018, the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) will be amended to include the Low Rise Medium Density Housing Code (Medium Density Code). The effect of the Medium Density Code is to expand the scope of what is considered ‘complying development’ under NSW legislation.

The amendments to the Codes SEPP are part of the NSW Government’s overall agenda to increase affordable housing within the State by streamlining the development consent process.

What is Complying Development?

Complying Development is development which can obtain development consent by having regard to and meeting specified predetermined development standards. The predetermined development standards include criteria such as minimum lot size, setbacks, building height and floor space ratio.

A development can only be complying development if it is permitted with consent within that zone. If it is permitted and meets the predetermined development standards, the proposed development can be approved by either Council or a qualified private certifier which issues a complying development certificate.
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