Meeting Exempt Development Requirements – Example Checklists
Estimated reading time: 5 minutes
This guide provides an illustrative example of how to perform a compliance check for exempt development, grouping key elements of the policy under practical headings designed to aid interpretation.
This example checklist is specific to barbecues and other outdoor cooking structures and should not be applied to other types of exempt development.
While not a substitute for the literal policy wording, it offers a valuable resource for those seeking a concise overview of the regulations. For the full version and up-to-date information, refer to the source SEPP (State Environmental Planning Policy) or consult with a professional for advice tailored to your project.
Example 1 – Outdoor Pizza Oven
Policy Exclusions (Exempt and Complying Development SEPP)
The location is not within Land Based Exclusions listed in policy.
✅
The development doesn’t apply to Affordable Rental Housing.
✅
General Requirements for All Exempt Development
The development will meet relevant deem-to-satisfy requirements of Building Code of Australia or where there is no such will be structurally adequate, and if it relates to an existing building, must not cause the building to contravene the BCA.
✅
The development is not in the Area of Outstanding Biodiversity or wilderness area.
✅
The development must not be carried out on part of the land that is, or on which there is, an item that is listed on the State Heritage Register or subject to an interim heritage order, unless an exemption has been granted under the Heritage Act 1977.
✅
The land is not listed under local exclusion in Schedule 4 of the Policy.
✅
The development is built to manufacturer specification.
✅
The development does not require the removal of a tree needing a permit, approval, or development consent.
✅
Specific Exempt Development Standards for Barbecues and Other Outdoor Cooking Structures
Area <= 4m
✅
Not in Zones RU1, RU2, RU3, RU4 or RU6
✅
Behind the building line of any road frontage
✅
Not for commercial purposes
✅
Has height above ground level less then 1.8m
❌
Minimum distance from any boundary <= 450mm
❌
Other Obligations
The construction is not violating the Adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits.
✅
If the development involves excavation or work near infrastructure like water, stormwater, sewer mains, electricity power lines, and telecommunications facilities, the relevant infrastructure authority should be notified before starting development.
✅
If development is on a Bushfire prone land it needs to also comply with Planning for Bush Fire Protection 2019, published by the New South Wales Rural Fire Service (NSW RFS).
✅
Overall Compliance: Non-compliant
❌
Example 2 – Outdoor BBQ
Policy Exclusions (Exempt and Complying Development SEPP)
The location is not within Land Based Exclusions listed in policy.
✅
The development doesn’t apply to Affordable Rental Housing.
✅
General Requirements for All Exempt Development
The development will meet relevant deem-to-satisfy requirements of Building Code of Australia or where there is no such will be structurally adequate, and if it relates to an existing building, must not cause the building to contravene the BCA.
✅
The development is not in the Area of Outstanding Biodiversity or wilderness area.
✅
The development must not be carried out on part of the land that is, or on which there is, an item that is listed on the State Heritage Register or subject to an interim heritage order, unless an exemption has been granted under the Heritage Act 1977.
✅
The land is not listed under local exclusion in Schedule 4 of the Policy.
✅
The development is built to manufacturer specification.
✅
The development does not require the removal of a tree needing a permit, approval, or development consent.
✅
Specific Exempt Development Standards for Barbecues and Other Outdoor Cooking Structures
Area <= 4m
✅
Not in Zones RU1, RU2, RU3, RU4 or RU6
✅
Behind the building line of any road frontage
✅
Not for commercial purposes
✅
Has height above ground level less then 1.8m
✅
Minimum distance from any boundary <= 450mm
✅
Other Obligations
The construction is not violating the Adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits.
✅
If the development involves excavation or work near infrastructure like water, stormwater, sewer mains, electricity power lines, and telecommunications facilities, the relevant infrastructure authority should be notified before starting development.
✅
If development is on a Bushfire prone land it needs to also comply with Planning for Bush Fire Protection 2019, published by the New South Wales Rural Fire Service (NSW RFS).
✅
Overall Compliance: Compliant
✅
It’s also good practice to keep photographic evidence of the site prior to construction and after construction of the feature.
This content is intended as illustrative information only. It is not legal or planning advice. Requirements for exempt development vary depending on the type of development and should be confirmed with the applicable SEPP or by seeking zoning or site advice from your local council.
