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Complying development

Complying Development

Strata subdivision

Strata subdivision may be carried out under complying development (fast-track approval process) if it meets the relevant standards set out in the Subdivision Code in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the State Policy).

Strata subdivision allows an applicant to divide land into two or more new strata lots.

Residential buildings that may be strata subdivided as complying development include:

  • townhouse developments
  • apartment buildings
  • residential flat buildings
  • multi-dwelling housing (three or more dwellings at ground level on the same lot).

Commercial offices, business, industrial and retail buildings, and residential buildings may also be strata subdivided as complying development.

For a full list of development standards that apply to subdivision under complying development, please refer to these provisions of the State Policy.

Other considerations

  • If you propose to remove or prune any existing trees or vegetation, you should contact your council first to make sure you don’t need approval for this.
  • Generally, complying development cannot be carried out on:
    • land within a heritage conservation area, or a draft heritage conservation area (there are some exceptions, please check the relevant development standards for more information)
    • land reserved for a public purpose
    • class 1 or 2 land on council’s acid sulphate soils map
    • land in a buffer area
    • land in a river front area
    • land in an ecologically sensitive area
    • environmentally sensitive land
    • land in a protected area
    • land affected by a coastline hazard, coastal hazard or coastal erosion hazard
    • land in a foreshore area
    • land in the 25 Australian Noise Exposure Forecast (ANEF) counter or a higher ANEF counter
    • unsewered land in a drinking water catchment identified in an environmental planning instruments
    • land declared as a special area
    • land in an environmentally sensitive area.
  • In addition, complying development cannot be carried out on land that:
    • comprises an item that is listed in the State Heritage Register(unless an exemption under section 57 of the Heritage Act 1977has been granted)
    • is subject to an interim heritage order (unless an exemption under section 57 of the Heritage Act 1977 has been granted)
    • is identified as an item of environmental heritage or a heritage item in an environmental planning instrument (unless an exemption under section 57 of the Heritage Act 1977 has been granted)
    • Is a critical habitat under the Threatened Species Conservation Act 1995.
    • Is a wilderness area under the Wilderness Act 1987.