Why can’t I lodge a CDC for my development?

Why can’t I lodge a CDC for my development?

In order to undertake any form of development in NSW, you need to first determine which approvals path is the correct one for your proposal. Is it a Development Application or complying Development Application?

Development Application (DA)

A Development Application is a formal application to Council where an assessment is made against the current local government and state government planning controls.  This process was set up under the provisions of the Environmental Planning and Assessment Act in 1979.

Complying Development Certificate (CDC)

In 2008 the NSW state government created State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.  This Environmental Planning Instrument was established to simplify the development process for the more straightforward development proposals.  Applications can be assessed by either Council or a private certifier. 

Which one?

While the CDC process is preferred by many people who like the streamlined process which avoids Council, this is not an option for everyone.  Your site and development can be excluded on many different grounds including:

  • Zone
  • Slope
  • Type of development
  • Proximity to environmentally sensitive areas
  • Heritage
  • Non-compliances with provisions of the SEPP which cannot be varied
  • to name a few…..

If your site or development does not comply with the provisions of created State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, you will have to do a DA.  There is no room to move within this statutory document.

A Development Application allows for a more merit and site-based assessment, and in many instances can allow for a better result.  If your application needs a DA, or you need assistance to work out which approvals process your development needs to embark on, Watermark Planning can assist you through this process.

Written by Sarah McNeilly, Watermark Planning

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