DA, CDC & Exempt Development
NSW gives you three main pathways for getting development consent. The right one for your project depends on the work type, the zone, the property's overlays, and how closely the proposal can be made to match the relevant code.
This guide covers each of the three main pathways, plus State Significant Development, modifications, and the appeal pathway through the Land and Environment Court (LEC).
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Exempt Development
No consent requiredMinor works that meet every standard in the Codes SEPP can be done without any consent or notification. The fastest pathway — but the rules are precise and unforgiving.
Typical process
- Read the Codes SEPP (Exempt Development Code) for your work type
- Confirm every standard is met — setbacks, height, materials, location
- Confirm the property is not on bushfire-prone land or in a heritage area where the exemption is excluded
- Carry out the work — no consent, no notification, no certifier
- Keep a record (photos, measurements) in case of compliance enquiries
Best for
- •Decks under 25 sqm and below specified height
- •Garden sheds within size and setback limits
- •Internal alterations not affecting structure
- •Most fences below specified height
- •Most rainwater tanks, solar panels, satellite dishes
Watch-outs
- •Heritage items and conservation areas often excluded
- •Bushfire-prone land excludes some exemptions
- •Even one breach of the standards = no longer exempt
Typical timeframe: No consent timeframe — proceed immediately
Complying Development (CDC)
Fast-trackIf your project meets every standard in the relevant Codes SEPP code (Housing Code, Low-Rise Housing Diversity Code, Commercial and Industrial Code, etc.) it can be approved by a private certifier or council without merit assessment. Statutory turnaround as low as 20 days.
Typical process
- Engage a registered certifier (private or council)
- Demonstrate compliance with every clause of the relevant code
- Notify adjoining owners (typically 14 days) — no third-party objections
- Certifier issues the CDC
- Construction certificate and inspections proceed under the same certifier
Best for
- •Single dwelling and dual occupancy on suitably-sized lots
- •Alterations and additions that fit code
- •Some commercial fitouts and signage
- •Granny flats / secondary dwellings under the Housing SEPP
Watch-outs
- •Heritage items, foreshore land, environmentally sensitive land typically excluded
- •Bushfire-prone land and flood-affected land may be excluded or have additional rules
- •Codes are detailed — any non-compliance bumps you to a DA
Typical timeframe: 20 days statutory (often faster in practice)
Development Application (DA)
Merit assessmentThe standard pathway for development that needs council assessment under the Environmental Planning and Assessment Act 1979 (Section 4.15). Council weighs up the LEP, DCP, SEPPs, neighbour impacts and submissions before deciding.
Typical process
- Pre-DA meeting with council (recommended, especially for complex sites)
- Prepare architectural plans, Statement of Environmental Effects (SEE), and any specialist reports
- Lodge online via the NSW Planning Portal
- Council notifies/advertises (typically 14-21 days)
- Submissions period — neighbours and the public can comment
- Assessment by council (and any concurrence/referral authorities)
- Determination — approved, approved with conditions, or refused
Best for
- •Multi-dwelling and apartment developments
- •Commercial, industrial and mixed-use buildings
- •Change of use, including licensed premises
- •Subdivision
- •Anything that fails one or more CDC standards
Watch-outs
- •Submissions can extend timelines significantly
- •Concurrence required for some triggers (e.g. bushfire, coastal)
- •Refusal can be appealed to the Land and Environment Court (Class 1)
Typical timeframe: Set under the Environmental Planning and Assessment (Statement of Expectations) Order 2024, made by the Planning Minister under s 9.6(9) of the EP&A Act 1979. LODGEMENT (acceptance after submission): 14 days until 30 Jun 2025, then 7 days from 1 Jul 2025 onwards. DETERMINATION (average, lodgement to decision) — whichever is the LESSER of the council's previous financial year average or the benchmark: 115 days through 30 Jun 2025; 105 days through 30 Jun 2026; 95 days through 30 Jun 2027; 85 days from 1 Jul 2027 onwards. Regionally significant DAs: 250 days lodgement to panel referral. Average is calendar days (weekends and public holidays count); withdrawals, s 4.55 modifications and s 8.2 reviews are excluded. Performance is published monthly on the DPHI Council League Table on the sixth business day. Persistent under-performance is a head of consideration when the Planning Minister exercises the power under s 9.6(1)(b) of the Act to appoint a planning administrator (or a Sydney district or regional planning panel) to take over a council's planning functions. The Order also covers planning proposals (LEP amendments) and strategic planning (LSPS, local housing strategies).
Other pathways
Beyond the three main pathways, several specialist tracks apply to larger, more complex or post-consent matters.
State Significant Development (SSD)
For projects above thresholds in the State and Regional Development SEPP — large mines, major hospitals, large mixed-use, port and industrial projects. Determined by the Minister or the Independent Planning Commission rather than council.
Regionally Significant Development
Determined by a Regional Planning Panel rather than the elected council. Triggers include capital investment value, council-related conflicts of interest, and certain sensitive uses.
Section 4.55 Modifications
Once a DA is approved, changes to the consent are made via a Section 4.55 modification — minor (4.55(1)), with minimal environmental impact (4.55(1A)) or substantially the same development (4.55(2)).
Land and Environment Court (LEC) appeals
Refused DAs and deemed-refusal cases can be appealed to the LEC under Class 1. The court reports that around 77% of Class 1 matters resolve via ADR / conciliation rather than a full hearing, and 89% are finalised within 12 months.
What a NSW DA submission looks like
A typical NSW DA bundle (lodged via the NSW Planning Portal) includes the following documents. The exact list scales with project size and complexity, and council may require additional specialist reports:
Pre-DA form
Council pre-lodgement enquiry — recommended for any non-trivial project to surface deal-breakers early.
Architectural plans
Site plan, floor plans, elevations, sections, materials schedule, dimensioned and to scale.
Statement of Environmental Effects (SEE)
The written planning case — addresses Section 4.15 (the LEP, DCP, SEPPs, likely impacts, suitability of site, public interest, submissions).
Estimated Cost of Development
Drives the DA fee and applies caps for SoE Order benchmarks. Form prescribed by council / NSW Planning Portal.
Fee quote / payment
DA fees set by council under the EP&A Regulation, calculated on cost of development.
Adjoining-owner notification (where required)
Council notifies neighbours; some applicants serve their own pre-lodgement notification depending on council policy.
Title and 88B Instrument
Current title search and any 88B Instrument / dealings affecting the lot.
Specialist reports (project-dependent)
BAL assessment (bushfire), flood report, heritage impact statement, traffic and parking, acoustic, arboricultural, BASIX certificate for housing, NCC capability statements, etc.
A registered architect's Design Verification Statement is also required for residential flat buildings (3+ storeys / 4+ apartments) under Chapter 4 of the Housing SEPP (the former SEPP 65 framework).
Lodge online and check official sources
- Lodge a DA via the NSW Planning Portal — mandatory for most participating councils.
- Lodge a CDC online — private certifier or council pathway.
- DPHI Council League Table — current DA performance for each council against statutory benchmarks.
- Statement of Expectations Order — explainer page (DPHI). Download the Order (PDF) — the actual instrument made under s 9.6(1)(b).
- Land and Environment Court — Class 1 appeals — the appeal pathway for refused DAs.
- NSW Planning Portal Spatial Viewer — the free property planning report (NSW equivalent of VicPlan).
Not Sure Which Pathway Fits Your Project?
The free NSW permit checker walks you through it. For complex matters — modifications, court appeals, contested DAs — speak to a NSW planner.
For DA strategy, modifications or LEC appeals, talk to our NSW partner firm.