Exempt Development

Exempt development is development that is exempt from being assessed by a planning scheme.

Exempt development means that a council application is not required when development is considered exempt. To check what development is exempt, go to your local council planning scheme and search for exempt development (this can be done through wePlan.com.au) or contact your local council and check if your project is considered exempt.

Exempt development can be found at the:

Local level (Council Planning Scheme),

State Level (Sustainable Planning Act 2009),

State Level (Land Designated for Community Infrastructure)

National (Commonwealth Telecommunication Act)

Local Level (Council Planning Scheme) - Each Council Planning Scheme has a number of exemptions. For example an Exemption can be for: Demolishing and removal of buildings, minor building work, Satellite dish, and fences.

State Level (Sustainable Planning Act 2009) - The State Government identifies exempt development in Schedule 4 of the Sustainable Planning Regulation 2009. Exempt development in a residential zone can be:

- detached houses - (class 1(a)(i))

- attached dwellings, comprising of no more than two dwellings (for example, duplexes) (class 1(a)(ii)) The exemption applies where there are no overlays over the site; and

- non-habitable buildings or structures such as a private garage, carport, shed, fence, mast, antenna, retaining or free standing wall, swimming pool or the like (class 10)

In summary, detached houses, duplexes, and non-habitable buildings or structures are exempt development. These exemptions were created by the state government to increase density of development in residential areas.

Source: Sustainable Planning Regulation 2009, Sustainable Planning Act 2009.