The State Policy identifies specific development standards relating to:
- scaffolding, hoardings and temporary construction site fences
- temporary builder’s structures
- temporary structures and alterations or additions to buildings for filming purposes
- tents or marquees used for filming purposes and private functions
- tents, marquees or booths for community events
- stages or platforms for private functions
- stages or platforms for community events
- major events sites—additional temporary development
- Sydney Cricket Ground—additional temporary development
- trading hours—temporary extensions for Christmas
- trading hours—temporary extension for licensed premises.
Generally, to be considered exempt development temporary uses and structures must:
- have written consent from the owner of the land on which the development is carried out (this includes a council or other public authority);
- not restrict any car parking required by a condition of a development consent applying to the land, or any vehicular or pedestrian access to or from the land;
- be able to resist loads determined in accordance with the relevant Australian and New Zealand Standards;
- be erected on a surface that is sufficiently firm and level to sustain the structure while in use;
- have an approval for the use of the land related to the purpose of the temporary structure;
- not redirect the flow of any surface water or ground water, or cause sediment to be transported onto an adjoining property;
- not result in damage to any protected tree on or adjoining the site.
The person carrying out the development must also have a public liability insurance policy for an amount agreed to by the owner of the land.
Please refer to these provisions in the State Policy for a list of development standards relating to temporary structures as exempt development.
- 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.
- Works must be structurally adequate, installed in accordance with manufacturer’s specifications and comply with the Building Code of Australia (BCA).
- Any structures that would be located on public land, or on or over a public road (including temporary structures), must have separate approval from the relevant council, or Roads and Maritime Services under the Roads Act 1993 and the Local Government Act 1993.
- Generally, exempt development cannot be carried out on:
- land that is, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under that Act (unless an exemption has been granted under section 57 of the Heritage Act 1977);
- a critical habitat of an endangered species, population or ecological community under the Threatened Species Conservation Act 1995or the Fisheries Management Act 1994;
- a wilderness area under the Wilderness Act 1987.
To find out what can be carried out through the exempt development pathway in your neighbourhood, visit the Neighbourhood Centres page to access the community events fact sheet and watch the animation.