Find the answer to all your development questions. 

On this page

A-E
F-J
K-O
P-T
U-Z

A-E

Access ramps

Do I need approval?

Access ramps are permitted as exempt development where it meets the standards specified as exempt development.  

Information about what access ramps are exempt can be accessed here:

https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.1 
 
If the proposal doesn't qualify as Exempt Development, you may be able to apply through Complying Development or a Development Application – see below for more information.

Do I qualify for a Complying Development Certificate?

A Complying Development Certificate (CDC) may be issued for an access ramp if your property is located in the R1, R2 or R3 zone and the proposal meets all of the relevant development standards.

You will need to check the housing code to determine if your alterations and additions meets the requirements for a CDC. 

Different standards apply for attached and detached development. If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application through the planning portal.
 
Information about preparing a Development Application can be found on Councils Getting Approval page.

Additions and alterations to existing dwellings 

Do I need approval?

Some very minor alterations and repairs to dwellings are permitted as exempt development where the standards for exempt development are met.  

Information about what minor alterations are exempt can be accessed here:

Internal Alterations
https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.26 

External Alterations
https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.27

If the proposal doesn't qualify as Exempt Development, you may be able to apply through Complying Development or a Development Application – see below for more information.

Do I qualify for a Complying Development Certificate?

R1, R2 and R3 zones – Additions

A Complying Development Certificate (CDC) may be issued for additions if your property is located in the R1, R2 or R3 zone and the proposal meets all of the relevant development standards.

You will need to check the housing code to determine if your alterations and additions meets the requirements for a CDC. 

Different standards apply for attached and detached development. 

All zones – Alterations

A Complying Development Certificate (CDC) may be issued for internal alterations to existing dwellings in all zones where the proposed works meet the requirements for all applicable development standards.

You will need to check the housing alterations code to determine if your alterations and additions meets the requirements for a CDC. 

If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application through the planning portal. 

Information about preparing a Development Application can be found on Councils Getting Approval page.

Air conditioning units 

Do I need approval?

Air-conditioning units are permitted as exempt development where it meets the standards specified as exempt development.  

Information about what minor alterations are exempt can be accessed here:
https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.3

Aviaries  

Do I need approval?

Aviaries are permitted as exempt development where it meets the standards specified as exempt development.  

Information about what aviaries are exempt can be accessed here:

https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.4  

If the proposal doesn't qualify as Exempt Development, you may be able to apply for or a Development Application – see below for more information.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application through the planning portal. 

Information about preparing a Development Application can be found on Councils Getting Approval page.

Awnings, blinds and canopies 

Do I need approval?

Awnings, blinds and canopies are permitted as exempt development where it meets the standards specified as exempt development.  

Information about what awnings, blinds and canopies are exempt can be accessed here:

https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.5 

If your proposal does not meet all of the standards you must lodge a Development Application.

Do I qualify for a Complying Development Certificate?

A Complying Development Certificate (CDC) may be issued for an awning, blind or canopy if your property is located in the R1, R2 or R3 zone and the proposal meets all of the relevant development standards.

You will need to check the housing code to determine if your awning, blind or canopy meets the requirements for a CDC. 

Different standards apply for attached and detached development. If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application through the planning portal. 

Information about preparing a Development Application can be found on Councils Getting Approval page.

Balconies, Decks, Patios, Pergolas, Terraces & Verandahs

Do I need approval?

New balconies, decks, patios, pergolas terraces and verandas which are not high off the ground and of limited size are permitted as exempt development where it meets the standards specified as exempt development.  

Information about what balconies, decks, patios, pergolas, terraces & verandahs are exempt can be accessed here:

https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.6 

If the proposal doesn't qualify as Exempt Development, you may be able to apply through Complying Development or a Development Application – see below for more information.

Do I qualify for a Complying Development Certificate?

A Complying Development Certificate (CDC) may be issued for a balcony, deck, patio, pergola, terrace or verandah if your property is located in the R1, R2 or R3 zone and the proposal meets all of the relevant development standards.

You will need to check the housing code to determine if your deck meets the requirements for a CDC. 

Different standards apply for attached and detached development. If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application through the planning portal.

Information about preparing a Development Application can be found on Councils Getting Approval page.

Barbecues

Do I need approval?

Barbecues are permitted as exempt development where it meets the standards specified as exempt development.  

Information about what barbecues are exempt can be accessed here:

https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.7

If your proposal does not meet all of the standards you must lodge a Development Application.

Boundary adjustment

See subdivision

C

Caravans

Do I need approval?

Caravans are permitted to be installed without approval in specific circumstances. The installation and use of the caravan must be consistent with the provisions of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021. 
Information about when caravans can be installed are available here:

https://legislation.nsw.gov.au/view/html/inforce/current/sl-2021-0461#sec.77 

In some limited circumstances, caravans may be permitted as temporary accommodation when building a dwelling.  Details of the proposed location, access and provision of services to the caravan will need to be included with your development application for a dwelling. 

Where a caravan or tiny home is proposed on a vacant residential allotment without a dwelling – the proposal is assessed as a dwelling and a development application will need to be lodged as per the requirements for a dwelling house.

Carports

Do I need approval?

Carports are permitted as exempt development where it meets the standards specified as exempt development.  Exempt car ports must be located behind the building line of a dwelling and cannot be located in front of the dwelling. Other standards apply. 

Information about what carports are exempt can be accessed here:

https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.10  

If the proposal doesn't qualify as Exempt Development, you may be able to apply through Complying Development or a Development Application – see below for more information.

Do I qualify for a Complying Development Certificate?

A Complying Development Certificate (CDC) may be issued for carports if your property is located in the R1, R2 or R3 zone and the proposal meets all of the relevant development standards, including the requirement to be located behind the building line of a dwelling.

You will need to check the housing code to determine if your Carport meets the requirements for a CDC. 

Different standards apply for attached and detached development. If your proposal does not meet all of the standards you must lodge a Development Application.

Change of use 

Do I need approval?

The current use of a building often changes over time.  In some instances these changes require consent and in other cases, the change is minor and has no environmental impact and can be classed as exempt development.  Change of use of premises are permitted as exempt development where it meets the standards specified as exempt development.  

Information about when change of use is exempt can be accessed here:

https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.10A

If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application through the planning portal. 

Information about preparing a Development Application can be found on Councils Getting Approval page.

Chicken coops

Do I need approval?

A brochure on keeping animals in residential areas is available here

Chicken coops and other fowl and poultry houses are permitted as exempt development where it meets the standards specified as exempt development.  

Information about what chicken coops and other fowl and poultry houses are exempt can be accessed here:

https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.21  

If your proposal does not meet all of the standards you must lodge a Development Application.

Further information about keeping chickens is available in the Local Government Regulations 2021: 

https://legislation.nsw.gov.au/view/html/inforce/current/sl-2021-0460#sch.2-pt.5-div.2 

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application through the planning portal. 

Information about preparing a Development Application can be found on Councils Getting Approval page.

Cubby houses See sheds 

D

Driveways and hard stand spaces

Do I need approval?

Driveways and hard stand spaces are permitted as exempt development where it meets the standards specified as exempt development.  This only applies to the portion of the driveway which is in your property and must relate to an existing dwelling or development. 

Information about what driveways and hard stand spaces are exempt can be accessed here:

https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.14  

If the proposal doesn't qualify as Exempt Development, you may be able to apply through Complying Development or a Development Application – see below for more information.

Roads Act Approval 

Roads Act Approval is required for works in the road reserve. More information about applying for a Roads Act Approval is available here

Do I qualify for a Complying Development Certificate?

A Complying Development Certificate (CDC) may be issued for a driveway if your property is located in the R1, R2 or R3 zone and the proposal meets all of the relevant development standards.

You will need to check the housing code to determine if your driveway meets the requirements for a CDC. 

Different standards apply for attached and detached development. If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as  Exempt or Complying Development, you will need to lodge a Development Application through the planning portal. 

Information about preparing a Development Application can be found on Councils Getting Approval page.
 

Dual occupancy dwelling 

Do I qualify for a Complying Development Certificate?

Approval is always required for a dual occupancy.  A Complying Development Certificate (CDC) may be issued for a dual occupancy dwelling if your property is located in the R1, R2 or R3 zone and the proposal meets all of the relevant development standards.

You will need to check the Low Rise Housing Diversity Code to determine if your dual occupancy dwelling meets the requirements for a CDC. 

If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application through the planning portal. 

Note that dual occupancies are not permitted in the C2, C4 or C3 or LC zones. Minimum lot sizes apply for dual occupancies in the Blue Mountains (https://legislation.nsw.gov.au/view/html/inforce/current/epi-2015-0829#sec.4.1B)  

It is recommended that you contact the Development Advice Team at Council for further information.

Information about preparing a Development Application can be found on Councils Getting Approval page.

Dwelling 

Do I qualify for a Complying Development Certificate?

Approval is always required for a dwelling.  A Complying Development Certificate (CDC) may be issued for a dwelling if your property is located in the R1, R2 or R3 zone and the proposal meets all of the relevant development standards.

You will need to check the Housing Code to determine if your dwelling meets the requirements for a CDC. 

If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application through the planning portal. 

Information about preparing a Development Application can be found on Councils Getting Approval page.

E

Earthworks, retaining walls and structural support

Do I need approval?

Earthworks, retaining walls and structural support are permitted as exempt development where it meets the standards specified as exempt development.  

Information about what earthworks, retaining walls and structural support are exempt can be accessed here:

https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.15

If the proposal doesn't qualify as Exempt Development, you may be able to apply through Complying Development or a Development Application – see below for more information.

Do I qualify for a Complying Development Certificate?

A Complying Development Certificate (CDC) may be issued for earthworks, retaining walls and structural support if your property is located in the R1, R2 or R3 zone and the proposal meets all of the relevant development standards.

You will need to check the housing code to determine if your earthworks, retaining walls and structural support meets the requirements for a CDC. 

If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application through the planning portal.

Information about preparing a Development Application can be found on Councils Getting Approval page.
 

F - J

F

Fences 

Do I need approval?

Fencing does not require a development application where the proposal meets the standards specified for exempt development.  

You will need to know what zone your property is in as this will determine what type of fencing is permitted as exempt. Check your zone on Councils mapping.

Residential Zones
https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.17

Rural and Conservation zones (except C4)
https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.18

C4 Environmental Living zone
https://legislation.nsw.gov.au/view/html/inforce/current/epi-2015-0829#sch.2

Business and Industrial zones
https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.19

Swimming pool fences in residential zones
https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.17A

If the proposal doesn't qualify as Exempt Development, you may be able to apply through Complying Development or a Development Application – see below for more information.

Do I qualify for a Complying Development Certificate?

A Complying Development Certificate may be issued for a fence under the Commercial and Industrial Alterations Code if the proposal meets all of the relevant development standards: in commercial or industrial zones. 

Check if your proposal is a complying development at:

https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.5-div.1-sdiv.12 

If your proposal does not meet all of the standards you must lodge a Development Application. 
I need a Development Application (DA). What do I do?
If your proposal does not qualify as Complying Development, you will need to lodge a Development Application through the planning portal.

Information about preparing a Development Application can be found on Councils Getting Approval page.

G

Garden Sheds See sheds
Gazebos see sheds
Granny flat  See secondary dwelling
Greenhouses  See sheds

H

Hardstand areas See driveways and hard stand spaces
Heritage

Do I need approval?

All works in a heritage property, and all external works in a heritage conservation area require approval.

See Heritage and Development for more information.  

There are some cases where a minor works approval may be issued by Council in writing prior to the works being undertaken.  See Part D1.6 of the Blue Mountains DCP 2015 for further details. https://www.bmcc.nsw.gov.au/documents/dcp-2015-part-d-heritage-management

If you are unsure if approval is required please call our Development Advice Team.

Home business

Do I need approval?

Home businesses are permitted without consent in most zones. Check the relevant LEP to confirm whether a home business is permitted. 

LEP 2015
https://legislation.nsw.gov.au/view/html/inforce/current/epi-2015-0829#pt

The definition of home business for land zoned under LEP 2015 is available in the Dictionary of the LEP. 

LEP 2005
https://legislation.nsw.gov.au/view/html/inforce/current/epi-2005-0633#sec.32 

The definition of home business for land zoned under LEP 2005 is available in the Dictionary of the LEP. 

If your business does not meet the definition of home business then you must lodge a Development Application. See the fact sheet for more information.

I need a Development Application (DA). What do I do?

If your proposal does not meet the definition of home business, you will need to lodge a Development Application through the planning portal. Check whether your business proposal is permissible in your zone using the land use tables and dictionary for your zone as mentioned above.

Information about preparing a Development Application can be found on Councils Getting Approval page.

Home industry

Do I need approval?

Home industry is permitted with consent (i.e. a Development Application is required) in limited zones. Check the relevant LEP to confirm whether home industry is permitted with in your zone. 

LEP 2015
https://legislation.nsw.gov.au/view/html/inforce/current/epi-2015-0829#pt

The definition of home industry and industrial activity for land zoned under LEP 2015 is available in the Dictionary of the LEP. 

Home industry is permitted as exempt development where it meets the standards specified as exempt development.  

Information about what home industry is exempt can be accessed here:
https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.22 

Home industry is not separately defined under LEP 2005, see Home Business.

To undertake home industry which is not exempt you will need to lodge a Development Application through the planning portal.  Note that industry is not permitted in the residential zones in the Blue Mountains. 

Information about preparing a Development Application can be found on Councils Getting Approval page.

Home occupation 

Home occupations are permitted without consent in most zones. Check the relevant LEP to confirm whether a home occupation is permitted. 

LEP 2015
https://legislation.nsw.gov.au/view/html/inforce/current/epi-2015-0829#pt

The definition of home occupation for land zoned under LEP 2015 is available in the Dictionary of the LEP. 

LEP 2005
https://legislation.nsw.gov.au/view/html/inforce/current/epi-2005-0633#sec.32 

The definition of home occupation for land zoned under LEP 2005 is available in the Dictionary of the LEP. 

If the proposal doesn't qualify as Exempt Development, you may be able to apply through a Development Application – see below for more information.

If your business does not meet the definition of home occupation then determine whether it meets the definition of home business or submit a development application.

I need a Development Application (DA). What do I do?

If your proposal does not meet the definition of home business, you will need to lodge a Development Application through the planning portal. Check whether your business proposal is permissible in your zone using the land use tables and dictionary for your zone as mentioned above.

Information about preparing a Development Application can be found on Councils Getting Approval page.

Hot water systems 

Do I need approval?

Gas or Electric Systems

Hot water systems are permitted as exempt development where it meets the standards specified as exempt development.  

Information about what hot water systems are exempt can be accessed here: https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.23A  

Solar hot water systems

Solar hot water systems are permitted as exempt development where it meets the standards specified as exempt development.

Information about what solar hot water systems are exempt can be accessed here: https://legislation.nsw.gov.au/view/html/inforce/current/epi-2021-0732#ch.2-pt.2.3-div.4

Hours of operation 

Do I need approval?

Hours of operation and trading are permitted as exempt development for existing businesses where it meets the standards specified as exempt development.  

Information about what hours of operation and trading are exempt can be accessed here:

https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.23B  

If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Exempt Development, you will need to lodge a modification to consent through the planning portal. If you do not have a copy of  your original consent you can request one via a records search of development applications.

K-O

Landscaping structures 

Do I need approval?

Landscaping structures are permitted as exempt development where it meets the standards specified as exempt development.  

Information about what landscaping structures are exempt can be accessed here: https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.24  

If the proposal doesn't qualify as Exempt Development, you may be able to apply through Complying Development or a Development Application – see below for more information.

If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Exempt Development, you will need to lodge a Development Application through the planning portal. 

Information about preparing a Development Application can be found on Councils Getting Approval page.

P-T

Pathways and paving 

Do I need approval?

Pathways and paving are permitted as exempt development where it meets the standards specified as exempt development.  

Information about what pathways and paving are exempt can be accessed here:https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.28
 
If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application through the planning portal. 

Information about preparing a Development Application can be found on Councils Getting Approval page.

Playground equipment

Do I need approval?

Playground equipment is permitted as exempt development where it meets the standards specified as exempt development.  

Information about what playground equipment is exempt can be accessed here:https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.29 
 
If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application through the planning portal. 

Information about preparing a Development Application can be found on Councils Getting Approval page.

Privacy screens

Do I need approval?

Privacy screens are permitted as exempt development where it meets the standards specified as exempt development.  

Information about what privacy screens are exempt can be accessed here: https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.31 
 
If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Exempt Development, you will need to lodge a Development Application through the planning portal. 

Information about preparing a Development Application can be found on Councils Getting Approval page.
 

R

Rainwater tanks

Do I need approval?

Rainwater tanks are permitted as exempt development where it meets the standards specified as exempt development.  

Information about what rainwater tanks are exempt can be accessed here:

Above ground
https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.32 
 
Below ground
https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.33

C4 Environmental Living Zone (Check your zone on Councils mapping)
https://legislation.nsw.gov.au/view/html/inforce/current/epi-2015-0829#sch.2 

If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Exempt Development, you will need to lodge a Development Application through the planning portal. 

Information about preparing a Development Application can be found on Councils Getting Approval page.

Retaining walls See Earthworks, retaining walls and structural support

S

Screen enclosures

Do I need approval?

Screen enclosures (of balconies, decks, patios, pergolas, terraces and verandahs) are permitted as exempt development where it meets the standards specified as exempt development.  

Information about what screen enclosures are exempt can be accessed here: https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.35 
 
If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Exempt Development, you will need to lodge a Development Application through the planning portal.
 
Information about preparing a Development Application can be found on Councils Getting Approval page.

Sculptures and artworks

Do I need approval?

Sculptures and artworks are permitted as exempt development where it meets the standards specified as exempt development.  

Information about what sculptures and artworks are exempt can be accessed here: https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.39   
 
If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Exempt Development, you will need to lodge a Development Application through the planning portal. 

Information about preparing a Development Application can be found on Councils Getting Approval page.

Secondary Dwelling 

Do I need approval?

Approval is always required for a secondary dwelling.

You may be able to apply for a Complying Development Certificate (CDC) or a Development Application (DA) – see below for more information.

Do I qualify for a Complying Development Certificate?

A Complying Development Certificate may be issued for your Secondary Dwelling for land zoned R1, R2, R3 if the proposal meets all of the relevant development standards. 

You can use the State Environmental Planning Policy (Housing) 2021 to check whether your proposal is a complying development.

If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application with Council. Note that secondary dwellings cannot be constructed in highly bushfire prone areas with a BAL-40 or BAL-FZ rating. You will need a professionally prepared Bush Fire Threat assessment to support your development application for a secondary dwelling.

Information about preparing a Development Application can be found on Councils Getting Approval page. 

Shade structures of canvas, fabric, mesh or the like

Do I need approval?

Pathways and paving are permitted as exempt development where it meets the standards specified as exempt development.  

Information about what pathways and paving are exempt can be accessed here: https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.36 
 
If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Exempt Development, you will need to lodge a Development Application through the planning portal. 

Information about preparing a Development Application can be found on Councils Getting Approval page.

Sheds

Do I need approval?

Cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses are permitted as exempt development where it meets the standards specified as exempt development.  The structure must not be habitable (i.e. no bedrooms, offices, hobby rooms or the like) and are generally used for storage purposes. 

Information about what sheds are exempt can be accessed here:https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.9

If the proposal doesn't qualify as exempt development, you may be able to apply for a Complying Development Certificate or a Development Application – see below for more information.

Do I qualify for a Complying Development Certificate?

If your proposal does not qualify as exempt development; a Complying Development Certificate (CDC) may be issued for your Shed for land zoned R1, R2, R3, if the proposal meets all of the relevant development standards. 

You can use the housing code to check whether your proposal is complying development. 

If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application with Council.

Shipping containers

Do I need approval?

Shipping containers are permitted as exempt development only in limited specific circumstances following a bush fire where it meets the standards specified as exempt development or for a temporary period for existing commercial and industrial purposes. 

Information about what shipping containers are exempt can be accessed here:

Use as storage
https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.36A

Use for existing commercial and industrial purposes
https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.36B 

Note that a shipping container is not able to be used as a garden shed. Shipping containers may only be used for storage during construction where this is approved as part of the Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Exempt Development, you will need to lodge a Development Application through the planning portal.

Information about preparing a Development Application can be found on Councils Getting Approval page.

Skylights

Do I need approval?

Skylights are permitted as exempt development for residential purposes only where it meets the standards specified as exempt development.  

Information about what skylights are exempt can be accessed here: https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.37

If the proposal doesn't qualify as Exempt Development, you may be able to apply through Complying Development or a Development Application – see below for more information.

Do I qualify for a Complying Development Certificate?

A Complying Development Certificate (CDC) may be issued for skylights if your proposal meets all of the relevant development standards.

You will need to check the housing alterations code to determine if your skylights meets the requirements for a CDC. 

If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application through the planning portal. 

Information about preparing a Development Application can be found on Councils Getting Approval page.
 

Solar Panels

Do I need approval?

Solar Panels are permitted as exempt development where it meets the standards specified as exempt development.

Information about what solar panels are exempt can be accessed here: https://legislation.nsw.gov.au/view/html/inforce/current/epi-2021-0732#sec.2.41

Stairway

Do I need approval?

External stairways are permitted as exempt development where it meets the standards specified as exempt development.  

Information about what stairways are exempt can be accessed here: https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.37A 

If the proposal doesn't qualify as Exempt Development, you may be able to apply through Complying Development or a Development Application – see below for more information.

Do I qualify for a Complying Development Certificate?

A Complying Development Certificate (CDC) may be issued for stairways if your property is located in the R1, R2 or R3 zone and the proposal meets all of the relevant development standards.

You will need to check the housing code to determine if your stairway meets the requirements for a CDC. 

If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application through the planning portal. 

Information about preparing a Development Application can be found on Councils Getting Approval page.

Street Library

Do I need approval?

Street libraries are permitted as exempt development where it meets the standards specified as exempt development.  

Information about what street libraries are exempt can be accessed here: https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.37B
 
If your proposal does not meet all of the standards you must lodge a Development Application.

Studio

See alterations and additions

A detached studio ancillary to a dwelling house requires consent. A studio can be a habitable space separate to the main dwelling but must not provide all the facilities which a dwelling house contains. See alterations and additions for approval requirements. A fact sheet is available outlining the requirements for a studio. 

Subdivision

Do I need approval?

Most subdivision proposals requires consent in the Blue Mountains. There are rigorous controls in place to ensure that subdivision has no adverse impact on environmentally sensitive lands. 

Minor boundary alignments or the rectification of an encroachment is subdivision permitted as exempt development where it meets the standards specified as exempt development.  It is a recommendation that you obtain confirmation from Council that the proposed subdivision is exempt development prior to lodging a Subdivision Certificate.  Certification from authorities is still needed from authorities before a new allotment can be formed. 

Information about what subdivision is exempt can be accessed here: https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.38  

If the proposal doesn't qualify as Exempt Development, you may be able to apply through Complying Development or a Development Application – see below for more information.

Do I qualify for a Complying Development Certificate?

A Complying Development Certificate (CDC) may be issued for subdivision where a CDC has been issued for a dual occupancy if your property is located in the R1, R2 or R3 zone and the proposal meets all of the relevant development standards.

You will need to check the Subdivisions Code to determine if your subdivision meets the requirements for a CDC. 

If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application through the planning portal.  It is recommended that you contact Council’s Development Advice Team before preparing an application for subdivision. 

Swimming pools and spas

Do I need approval?

All swimming pools except exempt pools) must be registered with Blue Mountains City Council.  See link for information.
 
Swimming pools and spas are permitted as exempt development where it meets the standards specified as exempt development.  

Information about what swimming pools and spas are exempt can be accessed here: https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.30  

If the proposal doesn't qualify as Exempt Development, you may be able to apply through Complying Development or a Development Application – see below for more information.

Do I qualify for a Complying Development Certificate?

A Complying Development Certificate (CDC) may be issued for Swimming pools and spas if your property is located in the R1, R2 or R3 zone and the proposal meets all of the relevant development standards.

You will need to check the housing code to determine if your swimming pool or spa meets the requirements for a CDC. 

If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application through the planning portal. 

T

Tiny home   For a tiny home on wheels see caravans, otherwise see dwelling or secondary dwelling.

W

Water features and ponds

Do I need approval?

Water features and ponds are permitted as exempt development where it meets the standards specified as exempt development.  

Information about what water features and ponds are exempt can be accessed here: https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.31 

If your proposal does not meet all of the standards you must lodge a Development Application.

I need a Development Application (DA). What do I do?

If your proposal does not qualify as Exempt Development, you will need to lodge a Development Application through the planning portal. 

Information about preparing a Development Application can be found on Councils Getting Approval page.