Exempt Development

Exempt Development is a form of development that, by its nature is considered to be minor, if it satisfies a number of set conditions. This form of development does not require the formal approval of Council.

Schedule 2 of the Albury Local Environmental Plan 2010 lists certain Exempt Development Types.

In addition on the 27 February 2009 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Codes SEPP), which has state-wide application commenced. This new Codes SEPP contains exempt development types and complying development types for certain types of development.

Is your proposal Exempt Development?

Council has provided Exempt Development Guidelines, refer below, for non residential development to help you identify if your development is likely to meet the requirements for Exempt Development. If your proposal is not classified as exempt you should also check the Complying Development section.

Note: It should also be noted that a number of other exempt development types are contained under separate State Environmental Planning Policies such as State Environmental Planning Policy (Infrastructure) 2007. If you are unsure if your development is 'Exempt', please contact AlburyCity's Planning & Environment team on 6023 8111.

Water and sewer development requirements for complying

development certificates  

Council has the power under Section 64 of the Local Government Act 1993 to apply Developer Charges on development. Section 64 contributions are up-front charges levied to recover part of the infrastructure costs incurred in servicing new developments or additions/changes to existing developments and are required from developers under Section 64 of Local Government Act 1993 and Section 306 of Division 5 of Part 2 of Chapter 6 of the Water Management Act 2000.

Certification of New Development by Private Certifiers

Where works are privately certified, it is the private certifier’s responsibility to obtain the water and sewer supply authority conditions and/or approval prior to certifying a development as being suitable for construction.

Section 64 Contributions

Section 64 of the Local Government Act 1993 allows contributions to be levied towards the provision of water and sewerage infrastructure. Council has a Development Servicing Plan contained within AlburyCity’s Infrastructure Contributions Plan 2014 which identifies the current and future capital infrastructure to service the water supply and sewer areas of Council. The Development Servicing Plan enables Council to levy contributions where the anticipated development will or is likely to increase the demand for water or sewer supply services. Generally, additional capacity is required in these supply systems to accommodate the increased demands, and the contributions levied by Council will provide for that capacity.

The Process for obtaining a Section 307 Certificate of Compliance of the Water Management Act 2000

  1. Prior to issuing a Complying Development Certificate, the Accredited Certifier is to lodge an application under Section 305 of the Water Management Act 2000 with AlburyCity for a Section 307 Certificate of Compliance for development carried out, or proposed to be carried out, within the area serviced by AlburyCity.
  2. Upon receipt of an application for a Section 307 Certificate, the application will be referred to Council’s Contributions Planner for consideration of any relevant Water and Sewer Contributions and/or works required under the AlburyCity Infrastructure Contributions Plan 2014.
  3. The proposed development will be assessed against any potential demand identified for the proposed development type in the NSW Water Directorate Section 64 Determinations of Equivalent Tenements Guidelines 2009. This assessment is to clearly identify and appropriately detail any relevant contributions and/or works required. They will be clearly identified and detailed to enable a Section 306 letter to be provided by Council outlining any required works and/or contributions as a result of the development, prior to the issue of the Section 307 Certificate of Compliance.
  4. Should no required works and/or contributions be identified, then Council can issue a Section 307 Certificate of Compliance in lieu of a Section 306 Letter.
  5. Should Council issue a Section 306 Letter outlining works and/or contributions required, then evidence of compliance with the requirements of the Section 306 Letter is to be supplied to Council prior to the issuing of a Section 307 Certificate of Compliance.

Cost to lodge an application under Section 305 of the Water Management Act 2000 with AlburyCity for a Section 307 Certificate of Compliance

From 1 January 2017 all Complying Development will require a Section 307 Certificate of Compliance to be obtained prior to a Complying Development Certificate being issued.  This service will be free of charge until 1 July 2017 when the cost for the application will be $150.00.

Section 305 Application Form

Exempt Development Guidelines


Temporary Uses

Related pages