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When planning to build a new home or outdoor structures in New South Wales, homeowners have the option of choosing a Complying Development Certificate (CDC) as an approval pathway. Complying Development combines both environmental planning and construction approval into a streamlined and standardized process, making it a faster alternative to a full development application. Understanding CDC landscape requirements when choosing this pathway will help you when obtaining the development consent.
If your project meets relevant standards outlined in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP), the consent authority—whether a registered certifier or your local council—must issue the CDC within 10 days if there is no impact on neighbours, or 20 days if there is.
This approval pathway is suitable for new residential dwellings and extensive renovations, which may have impact on the surrounding landscaping. It can also apply to landscaping works alone, provided they are associated with an existing dwelling. Examples include:
- Larger Balconies, patios, decks
- Swimming pools
- Retaining walls
- Paving exceeding Exempt Development limits
- And more
Why are Landscape Plans important for Complying Development?
When pursuing CDC, landscape design plays a crucial role, especially for developments like new dwellings. The development is only permissible if it meets prescribed landscape factors. As part of the submission, your certifier will request a Site Plan to ensure the project meets necessary requirements.
When applying for a compliant development certificate, you’ll need to submit several key documents. First, you must provide a site plan of the land drawn to an appropriate scale. This plan should show the location and boundaries of the land, the site area, and the north point. It should also indicate any existing vegetation and trees, the location and uses of any current buildings on the property, and the land’s existing levels compared to surrounding buildings and roads. Additionally, it should show the location of buildings on neighbouring sites and any registered easements. Depending on the type of development, you’ll also need a report from your engineer or hydraulic expert. Finally, you’ll need BASIX to demonstrate that the proposed site will be resource efficient.
When Is Complying Development Not an Option?
The ability to pursue CDC depends on various factors.
Foremost it needs to be compliant with all the requirements of the complying Development code, if it doesn’t one needs to pursue DA.
For example, if the land is in a bushfire-prone area, flood zone, or a heritage site, this will limit the options for CDC or precluded them entirely. CDC is suitable for developments that meet the predetermined standards set out in the Exempt and Complying Development SEPP Codes or your council’s LEP (Local Environmental Plan).
The Role of Landscaping in the Complying Development Process
Preparation of Initial Project Documentation
This is the phase where engaging a landscape designer is recommended. The designer will ensure your landscaping plan aligns with the CDC’s landscaping requirements and other relevant standards.
Lodgement and Determination
Once you have all your project documentation ready, you or your representative will lodge it via the Planning Portal with registered certifier.
⬥ Complying Development Certificate (CDC) Issued
Construction
You will get your insurance and building contracts in place and nominate a Principal Certifying Authority (PCA), who will certify if the key construction milestone was met. You will need to gather the evidence they provide and document the construction process for compliance. To receive a full occupation certificate your landscaping will need to be completed too. Example of works that effect also landscaping is stormwater drainage and swimming pool fencing, which need to be certified.
Application for OC
Application for OC is submitted by you or your representative and is assessed by the Principal Certifier (PCA) already appointed for the construction phase. The PCA may require supporting documents, such as a landscape completion certificate, to confirm compliance. A nominal Occupation Certificate Portal Fee is payable, and a building work levy may also apply.
⬥ Occupation Certificate (OC) Issued
How can Gardenism Help?
Landscape designers, whether they’re the primary consultants for landscaping works like swimming pools or non-exempt landscape works, or part of a wider team on residential developments, ensure that the proposed work and compliance are checked against the corresponding SEPP Code and meet the requirements.
The designer will prepare CAD plans, showing building locations and drainage details. They will also ensure compliance with the NCC and include any necessary information for a BASIX certificate.
In addition to compliance regulations, a landscape designer understands the Biosecurity Act and the local council’s plant and tree list, addressing tree protection and managing plant matters. We also select low-water species, which go beyond the few plants from outdated BASIX resources.