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Complying Development vs Development Application
Development applications, DAs as they’re commonly known, are a way to obtain approval for property development from your local council. However, these applications can take months, with the NSW 2020 average being 75 agonizing days.
Luckily, there is an alternative. Complying development certificates, or CDCs, are a streamlined process to get approval for specific development in certain zones. CDC is an efficient alternative to DA as it bypasses the need for Council involvement and only adheres to the Codes/Housing SEPP regulations, rather than the more complex LEP and DCP regulations.
CDC Approval Steps
Step 1: Confirm that CDC is allowed for your lot and development type
The Codes/Housing SEPPs list several residential building types as possible with CDC, covering nearly any 1-2 storey residential project.
SEPPs define the different lot types:
- Secondary dwelling
- Dwelling house
- Dual occupancy (attached)
- Group home
- Housing Alterations Code
Although most LEP rules do not apply to CDCs, any LEP minimum lot size rule for medium density building types (>1 dwelling) must still be met.
PropCode’s CDC analysis tool analyses all of the lot types to see if the development is permissible. It will also explicitly describe the failed rules that prevent CDC from being available, for example:
- Acid sulfate soils
- ANEF contours
- Bush fire prone land
- And many more
Step 2: Design your building to meet all development standards and criteria
Each building type has its own CDC requirements and standards to meet:
- Maximum floor area
- Height
- Setbacks
- Landscaping
- Windows
All of these rules must be met completely for a CDC to be granted. Any medium density project must also include an additional design statement from the architect.
Step 3: Research other permits, certificates, or approvals that you might need
There exists other function-related rules for development. These include tree removal permits, utility connections, basic amenity minimum requirements, etc. Even construction of a driveway or septic system needs a permit from the respective authorities.
Step 4: Receive Approval or Denial of the CDC
If all requirements have been met, a CDC (complying development certificate) is issued. This acts as both the planning approval and construction certificate, so no separate construction certificate is required.
Payment of development contributions is likely required, and neighbor notification is required before work can begin. On average, in NSW public council CDC approval takes 22 days, and private certifiers take 13 days.
Conclusion
CDC approval is a great way to avoid the lengthy DA process. By bypassing Councils and only using the Codes and Housing SEPPs, it’s possible to be approved for a CDC within 2 weeks. Curious about your property’s approval potential? You can find all of your property’s CDC approved building typologies through the basic CDC report. The full report includes a more transparent view of the rules and design guidelines that must be followed in order to gain a complying development certificate.