State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

This is a consolidation of the Codes SEPP as in force from 13 March 2026. The text of Part 2, Division 1 (the General Exempt Development Code) is identical between the earlier and later versions shown — the specified development types and development standards for access ramps, aerials/antennae/dishes, air-conditioning units, ancillary take away food outlets, animal shelters, ATMs, aviaries, and awnings/blinds/canopies all read the same. No wording, standard, dimension or eligibility criterion has been altered in the provided extract.

This entry reflects a consolidation of the Codes SEPP as in force on 13 March 2026. Comparing the earlier and later text of Part 2, the specified developments and their development standards (access ramps, aerials/antennae, air-conditioning units, ancillary take-away food outlets, animal shelters, ATMs, aviaries, awnings and so on) are identical. No standard has been added, removed or altered in the text provided. The change is a consolidation/republication rather than a policy amendment.

Clause 2.30AB sets the timeframe in which repairs to disaster-damaged buildings can be carried out under this code. For the five listed flood-affected local government areas (Lismore, Clarence Valley, Richmond Valley, Tweed and Ballina), the extended timeframe has been pushed out: the cut-off for starting work moves from before 1 April 2026 to before 1 April 2027, and the repair period after the disaster or emergency declaration extends from 4 years to 5 years. The standard 2-year period continues to apply everywhere else. This recognises that recovery from the northern rivers floods is taking longer than the original allowance.

Clause 1.19 lists land where complying development cannot proceed. The previous subclause (3B) singled out the Ballina local government area: dual occupancies in Zone R2 Low Density Residential that were only permissible with consent under the Housing SEPP 2021 (Chapter 6, Part 2, Division 1) were blocked from being complying development under the Low Rise Housing Diversity Code or the Pattern Book Development Code. That subclause has now been emptied out (repealed), removing the Ballina-specific restriction. The rest of the clause's general land exclusions (heritage, contaminated land, catchment, coastal hazard, etc.) are unchanged.

The operative text of clause 2.115 is identical: constructing or installing a temporary structure (excluding tents and marquees) and making temporary alterations or additions to a building or work solely for filming purposes remains specified development for this code. The only difference is in the historical/editorial note at the end, which previously grouped clauses 2.115 and 2.116 together and now cites clause 2.115 on its own. This is a consolidation/formatting fix, not a policy shift.

Clause 2.116 sets the standards for temporary structures erected, used, altered or added to in connection with filming that qualifies as exempt development. The time limits in paragraphs (b) and (c) have been tripled — from 30 days to 90 days within any 12-month period. This gives film productions substantially more flexibility to keep temporary structures and building alterations at a location without triggering the need for development consent. All other conditions (connection with exempt filming, no public access to the altered form) are unchanged.

A new standard (paragraph (m1)) has been added to the development standards for tents and marquees. Previously the only time limits addressed private functions (7 days per erection, 30 days per calendar year) and a general 2-day removal rule after a function or filming. The amendment now expressly allows tents or marquees erected for filming to remain on the land for up to 90 days in a 12-month period. This gives the film industry practical flexibility for longer shoots without needing separate approval, while keeping all the other size, setback, egress and safety standards unchanged.

This provision sets out where temporary-use development (community and commercial events, temporary retail/dining, associated storage and truck lay-bys) can proceed as complying development. Previously it was limited to a short list of specified sites such as Circular Quay, Darling Harbour, The Rocks, Barangaroo, Sydney Olympic Park, Blackwattle Bay and Central Precinct. It now applies far more broadly to any land owned or controlled by a public authority, while retaining those named locations as recognised 'major events sites'. New subclause (1A) excludes specified lots at the Australian Botanic Garden Mount Annan and the Sydney Opera House site. The trigger in subclause (2) also shifts from 'temporary uses in the public domain' to 'temporary uses on land to which this subdivision applies', and the now-redundant 'public domain' definition has been removed.

Clause 2.126 sets the development standards that a temporary use of land (community/commercial events, street markets) must meet to qualify. The 2025 amendment restructured the clause into numbered subclauses and added three new requirements: (l) the event must comply with any plan of management applying to the site under the Local Government Act 1993, (m) it must comply with any published management plan or policy adopted by a public authority for the site, and (n) the use cannot be for overnight accommodation. A note was also added flagging that other approvals (Roads Act, Local Government Act, Liquor Act) may still be needed. Finally, new subclause (2) exempts Lot 6, DP 1232182 from the 200-days-per-calendar-year limit.

Clause 2.132A adds a new category of exempt development under the Codes SEPP. Where a council has passed a resolution declaring a special event (a unique or infrequent event of local, State or national significance), specified premises can extend their trading hours until midnight for the declared dates. The resolution must set out that it is a special event, the date(s), the extended hours, and the land involved. Eligible premises are community facilities, entertainment facilities, restaurants or cafes, shops, and take away food and drink premises. Licensed premises under the Liquor Act 2007, home occupations (sex services), restricted premises, and sex services premises are excluded. It gives businesses a streamlined pathway to trade later during festivals or major local events without lodging a development application.

New clause 2.132B sets the standards for development in this subdivision of the Codes SEPP. The development must have a development consent and comply with all its conditions — except any condition that restricts the trading hours of the premises. In effect, the trading-hours restriction in the consent no longer binds the operator for this class of development. Where the consent is silent on when goods can be loaded, delivered or waste removed, those activities are confined to 7am–7pm on any day. This creates a code-based pathway to extend trading hours without seeking a new or modified consent.

The material provided for clause 2.132C is not substantive rule text — it is an editorial history note recording that the clause was inserted by the 2020 amendment (776) and later repealed. As presented, there is no operative provision here that changes what is exempt or complying development. In practice this reflects a numbering/history artefact rather than a new rule with legal content.

Clause 2.30AC sets out what development falls under this code. Previously it captured only "low impact performance of live music or arts" and excluded anything in a residential zone. It now reads that "entertainment" is the specified development, with no residential-zone carve-out on its face. This widens the scope of activities that can qualify as exempt or complying under the relevant subdivision, removing the previous narrow limits on the type of activity and the location restriction stated in this clause.

Clause 2.30AD sets the standards a development must meet to qualify under this code. The old rule simply required the activity to be carried on inside a building. That has been replaced with a rooftop prohibition plus a suite of operating-hours controls: the activity cannot start before midday, must finish by 8pm in a residential zone, by 10pm on land adjoining a residential zone, or by midnight elsewhere, and cannot run on more than two days in any Monday-to-Sunday week. The existing conditions about not contravening consent conditions, the POEO Act, adult entertainment and change-of-use are retained. The effect is to allow the activity in more locations (not confined to inside a building) but to tightly cap when and how often it can occur.

The opening words of clause 2.32L were amended to cross-reference both clause 2.32K(1)(a) and (b). Previously the standards in 2.32L applied only to the development described in 2.32K(1)(a); they now also apply to the development described in 2.32K(1)(b). The substantive standards themselves (paragraphs (a)–(m)) are unchanged. This broadens the range of farm stay accommodation development that must satisfy these complying development standards.

Clause 2.32M sets the development standards for complying development that changes a use to residential accommodation. The substantive standards are unchanged — the former use must have been lawful, and the development must not contravene an existing condition of the most recent consent. What changed is the internal cross-reference: it previously applied to development referred to in clause 2.32K(1)(b), and now applies to development referred to in clause 2.32K(1)(b1) and (b2). This reflects a restructuring of the categories of eligible development in clause 2.32K.

Clause 2.40C sets out when using public or private land as an outdoor dining area qualifies as specified development under the Codes SEPP. The amendment expands the list of associated uses that can trigger this pathway. Previously it applied only to lawful food and drink premises or artisan food and drink industries. It now also includes farm gate premises, and restructures the qualifying uses into a clearer list of three categories. This broadens the range of businesses that can establish outdoor dining under this code.

This clause sets the standards for exempt outdoor dining development associated with food and drink premises. From 26 September 2025 a new subparagraph (ix) creates exceptions to the rule that outdoor dining cannot breach the existing consent's maximum patron capacity: in a special entertainment precinct capacity may be exceeded by up to 30% (max 100 extra patrons); where the consent allows up to 100 patrons, by up to 20%; and where it allows over 100 patrons, by up to 15% (max 50 extra patrons). The amendment also adds 'farm gate premises' to the definition of associated premises, extending these outdoor dining standards to them, and inserts a new subclause (1A) requiring any tent or marquee for farm gate premises to comply with clause 2.118.

A new subparagraph (ix) creates an exception to the rule that outdoor dining must comply with the existing consent's patron capacity condition. Development in a special entertainment precinct (under Local Government Act s202B) can exceed the consent's maximum capacity by up to 30% capped at 100 extra patrons. Elsewhere, venues with a consent capacity up to 100 patrons can exceed it by 20%, and those over 100 can exceed it by 15% capped at 50 additional patrons. This gives clubs additional flexibility to accommodate more patrons in outdoor dining areas without a fresh DA.

The development standards for this class of complying development under clause 2.82 are unchanged. Requirements (a) free standing, (a1) 20m from any road boundary and 5m from other lot boundaries, (b) design by a professional engineer, and (c) at least 1m from any registered easement all remain exactly as before, along with the note about power line clearance and airport Obstacle Limitation Surfaces. The only difference in the consolidated text is an added amendment-history footnote referencing the insertion of a separate subdivision (sdiv 42) by the 2025 amending instrument — this is an editorial marker, not a change to clause 2.82 itself.

This provision adds bicycle racks and bicycle lockers to the list of development covered by this subdivision of the Exempt and Complying Development Codes SEPP. A bicycle rack is a fixed device that lets a bike frame or wheel be locked to it, and a bicycle locker is an enclosed lockable space for storing one bicycle. By specifying this development for the code, it opens the door for such works to be carried out as exempt development where the accompanying development standards for the subdivision are met, removing the need for a development application in those cases.

This adds a set of baseline eligibility standards for development covered by Subdivision 42 of the Exempt and Complying Development Codes SEPP. To qualify, the development must be associated with existing commercial, industrial or residential development; must not be on or in a heritage item or draft heritage item; must not breach any condition of an existing development consent or complying development certificate; must sit within existing hardstand parking or storage areas (including a garage or basement) no steeper than 1:20; must not obstruct vehicle or pedestrian movement, parking, fire escapes or access to services and utilities; must be designed to stop vehicles encroaching (e.g. bollards or fencing); must include directional and identification signage if used by more than one user; and, on strata or community-title land, must have prior approval of the owners' corporation or the relevant association.

The Codes SEPP now includes clause 2.82C, which sets out specific development standards for bicycle lockers under this subdivision. To qualify, lockers must be single-level, store one upright bicycle, sit behind the building line of any road frontage, and meet minimum dimensions (at least 1m wide, 2m deep, 2m high), face a clear area at least 2m wide, and have an outward-opening lockable door. This gives bicycle lockers a defined pathway under the exempt or complying development code rather than requiring a full DA where the standards are met.

A new provision, clause 2.82D, has been added to the bicycle racks subdivision of the Codes SEPP. It sets out specific standards bicycle rack development must meet to qualify under this subdivision: in heritage conservation areas (or draft ones) racks must sit behind the building line of any road frontage; racks must be floor-mounted (not vertical or mechanised); they must be at least 1m from any other rack, locker, wall, fence or circulation area; and any access aisle between racks must be at least 2.8m wide. This gives clear, measurable design criteria for bicycle racks to fall within the code.

Part 5A of the Codes SEPP defines which zones count as a "business zone" for the purpose of the commercial and industrial alterations and additions complying development provisions. This amendment adds Zone SP4 to that definition, but only for land outside the Albury local government area and only for the purposes of Divisions 1 and 1A. Practically, this extends the reach of the relevant complying development pathways to more SP4-zoned land.

Clause 5A.3 lists where development is specified for this complying development code. Subclause (2) already carved out a list of zones where erecting a new building for a specified purpose cannot be done under the code. As at 26 September 2025, Zone SP4 has been added to that list. The practical effect is that a new building for a specified purpose in an SP4 zone can no longer be approved as complying development under this code and must instead be assessed through the normal development application pathway.

The only substantive change to this car parking and access clause is the insertion of "SP4" into the list of zones in subclause (1). Buildings under 500m² that existed before 1 February 2022 in SP4-zoned land are now covered by the same car parking requirements (match the existing condition, or don't reduce existing spaces) that already applied in the other listed zones. Everything else in the clause is unchanged.

The definition of "business zone" in Part 5A has been expanded so that Zone SP4 counts as a business zone for Divisions 1 and 1A only (except in the Albury local government area). At the same time, clause 5A.3(2) now lists SP4 among the zones where erecting a new building for a specified purpose is NOT complying development. The net effect is that development for specified purposes on SP4 land — such as change of use, internal alterations, and works that meet the Division 1/1A standards — can now qualify as complying development under this code, but building a new building on SP4 land cannot.

This entry reflects the 26 September 2025 consolidation of the Codes SEPP. Comparing the earlier and later text of Part 2, Division 1 (the General Exempt Development Code), the specified development types and their development standards are unchanged — the clauses on access ramps, aerials/antennae/dishes, air-conditioning units, ancillary take away food outlets, animal shelters, ATMs, aviaries and awnings read identically. This is a consolidation update rather than a policy amendment to this Division.

The only substantive change to this Division is in the car parking and access clause (5A.6F). The list of zones that qualify for the special car-parking rule for buildings under 500m² that existed before 1 February 2022 now includes Zone SP4 (Enterprise). Previously the list ran SP1, SP3, SP5 and W4; it now reads SP1, SP3, SP4, SP5 and W4. This extends the same relaxed car-parking treatment (match the existing car-parking condition, or simply don't reduce existing spaces) to qualifying small buildings in the SP4 zone.

The consolidated text of Part 2 as at 26 September 2025 is identical to the earlier version shown here — the exempt development codes for access ramps, aerials/antennae, air-conditioning units, ancillary take away food outlets, animal shelters, ATMs, aviaries, awnings and the rest are unchanged in wording, standards and amendment history. This entry reflects a re-consolidation of the instrument rather than any new rule. Nothing in the specified development or development standards has been altered.

The definition of "business zone" in the Industrial and Business Buildings Code has been widened to capture Zone SP4 — but only for land outside the Albury local government area, and only for the purposes of Divisions 1 and 1A (the general provisions and the development standards common to industrial and business zones). Consequential amendments add SP4 to clause 5A.3(2), so the erection of a new building for a specified purpose on SP4 land is not covered by the code, and to clause 5A.6F(1), so the existing-building car parking rule applies to SP4 lots. The practical effect is that SP4 land can now access this complying development code for things like changes of use and works to existing buildings, while new-building complying development on SP4 remains excluded.

This code previously only allowed temporary uses (community events, commercial events, temporary retail/dining, associated storage) on a fixed list of major events sites like Circular Quay, Darling Harbour, The Rocks, Barangaroo and Central Precinct. From 26 September 2025 it also applies to any land owned or controlled by a public authority, dramatically widening where temporary events can be run as exempt development. Specific carve-outs are added (five lots at the Australian Botanic Garden Mount Annan, the Sydney Opera House Site, and Lot 6 DP 1232182 at the Overseas Passenger Terminal). New standards require the event to comply with any Local Government Act plan of management or any published management plan/policy of a public authority applying to the site, and prohibit using the temporary use for overnight accommodation. A note flags that separate approvals may still be needed under the Roads Act, Local Government Act or Liquor Act.

Subdivision 14 has been reinstated and now sets up a temporary trading-hours extension code for unlicensed premises. Where a council resolution declares a special event (its dates, the land involved and the extended hours), eligible businesses—community facilities, entertainment facilities, restaurants/cafes, shops and take away food and drink premises—can operate until midnight even if their existing consent restricts trading hours. Licensed premises, restricted premises and sex services premises are excluded. This gives councils a mechanism to enliven local areas during significant one-off or infrequent events without operators needing a new approval.

This code previously only covered "low impact performance of live music or arts" and only where it was not in a residential zone, and required the activity to be carried on inside a building. From 26 September 2025 the specified development is simply "entertainment," so a wider range of activities (and locations, including residential zones) can qualify. In exchange, new operating controls apply: the entertainment cannot be on a rooftop, cannot start before midday, must finish by 8pm in a residential zone, 10pm if adjoining a residential zone, or midnight otherwise, and cannot occur more than twice in any Monday–Sunday week. The existing conditions (no contravention of consent conditions or the POEO Act, no adult entertainment, not tied to a proposed change of use) remain.

This amendment corrects the standards clauses in the farm stay accommodation code. Clause 2.32L now applies to both clause 2.32K(1)(a) (change of use from residential to farm stay) AND (b) (use of a manufactured home for farm stay), rather than paragraph (a) alone. Clause 2.32M now applies to clause 2.32K(1)(b1) and (b2) (changes of use back to residential accommodation) rather than the wrongly-cited paragraph (b). The old drafting had misaligned the standards with the development types they were meant to govern, and these changes match each set of standards to the correct kind of specified development.

The outdoor dining exempt development code has been broadened in two ways. First, outdoor dining can now be associated with farm gate premises (as well as the existing artisan food and drink industries and food and drink premises). Second, a new patron-capacity allowance has been added: despite the usual requirement not to breach a consent's maximum patron condition, outdoor dining may exceed the consented capacity by set margins — up to 30% (max 100 extra patrons) in a special entertainment precinct, 20% where the consent allows up to 100 patrons, and 15% (max 50 extra) where the consent allows over 100 patrons. A related provision requires any tent or marquee for farm gate premises to comply with clause 2.118, and the definition of 'associated premises' now includes farm gate premises.

A new development standard (clause 2.40G(a)(ix)) has been added for the registered clubs outdoor dining exempt development code. Previously the outdoor dining could not contravene existing consent conditions, effectively capping patron numbers. The change now lets the outdoor dining exceed the consent's maximum patron capacity: by up to 30% (max 100 extra) in a special entertainment precinct, by up to 20% where consent allows up to 100 patrons, and by up to 15% (max 50 extra) where consent allows over 100 patrons. This gives clubs more flexibility to seat additional patrons outdoors without a fresh approval.

This is a heading-only amendment. The title of Subdivision 38 was substituted from "Subdivision" to "Subdivision of land" to make it clearer and less ambiguous. The substantive provisions — clause 2.75 (the types of subdivision specified for this complying development code, such as road widening, boundary realignment, encroachment rectification, creating public reserves) and clause 2.76 (development standards) — are unchanged.

The windmill provisions themselves (clauses 2.81 and 2.82) are unchanged: the same zones (RU1–RU4, RU6), the same standards (free-standing, 20m from road boundary, 5m from other lot boundaries, engineer-designed, 1m from easements). The only edit is the addition of an editorial amendment note recording that a new Subdivision 42 was inserted by the 2025 (528) amendment. This is a housekeeping annotation, not a change to the rules governing windmills.

A new Subdivision 42 has been added to the Codes SEPP creating an exempt development category for constructing or installing bicycle racks and bicycle lockers. Provided the works meet the specified standards, they can proceed without any development application or complying development certificate. The standards require the storage to be associated with existing commercial, industrial or residential development; not on or in a heritage item; within existing hardstand parking or storage areas at a gradient no steeper than 1:20; clear of vehicle and pedestrian circulation and fire escapes; designed to prevent vehicle encroachment; signed where used by multiple users; and, for strata or community-scheme land, approved by the owners' corporation or association. Additional dimensional and siting standards apply to lockers (single-level, upright single-bike storage, minimum 1m x 2m x 2m, outward-opening lockable door, behind the building line) and racks (floor-mounted, non-vertical/non-mechanised, 1m clearances, 2.8m access aisles, behind the building line in heritage conservation areas).

The complying/exempt development standards for temporary structures and temporary alterations or additions to buildings used solely for filming have been relaxed. The maximum time such a structure or alteration can remain at a location has been extended from 30 days to 90 days within any 12-month period (both for the structure's presence and for how long an alteration/addition may stay in place). All other conditions are unchanged — it must connect to filming that is exempt development and must not be publicly accessible in its altered form.

Clause 2.118 gained a new standard, paragraph (m1), specifically for filming use. Previously the code effectively capped filming-related tents/marquees under the general 2-day-after-completion rule (paragraph (n)). The amendment now allows a tent or marquee erected for filming purposes to remain on the land for up to 90 days in any 12-month period, recognising that film production setups often need to stay in place well beyond a single event. The existing separate limits for weddings and private functions (7 days per erection, 30 days per calendar year) are unchanged.

Three substantive amendments were made to Part 3BA (the Pattern Book Development Code). First, the identified reference lot in clause 3BA.2 was corrected from Lot 411 DP 1278302 to Lot 411 DP 1318801. Second, in clauses 3BA.4 and 3BA.5 the certificate an accredited certifier issues for a Torrens or strata subdivision under the code was corrected from a "compliance certificate" to a "subdivision certificate" — the legally correct instrument for signing off a subdivision. Third, clause 3BA.6(g) was deleted; that paragraph had excluded development to which State Environmental Planning Policy (Housing) 2021, Chapter 2, Part 2, Division 1 applies (other than LAHC development) from being complying development under this code. With it gone, that category of development is no longer carved out of the Pattern Book pathway.

Clause 3BA.13 defines which land this division applies to. The description of the "Landcom site" has been amended to reflect a new deposited plan number, changing Lot 411, DP 1278302 to Lot 411, DP 1318801. This is a corrective update to align the clause with the current subdivision plan for the same site.

Clause 3BA.2 sets out when this part of the Codes SEPP applies to particular land. The only change is the deposited plan number for the specifically named lot, updated from DP 1278302 to DP 1318801. The application dates and the treatment of all other land (from 30 July 2025) are unchanged. This is a correction to the parcel identifier rather than a change to any assessment rule.

Clause 3BA.4 lets certain low-rise housing developments (dual occupancies, multi dwelling housing and terraces where no dwelling sits above another) be Torrens title subdivided as complying development. The only change here corrects the type of certificate an accredited certifier issues to give effect to that subdivision: it is now a "subdivision certificate" rather than a "compliance certificate". This aligns the wording with the correct statutory instrument that authorises registration of the new lots.

Clause 3BA.5 makes the strata subdivision of land used for dual occupancies, manor houses, multi dwelling housing or terraces complying development in defined circumstances. The only change is in subclause (5): where it previously said an accredited certifier could issue a "compliance certificate" for such a subdivision, it now says a "subdivision certificate". This fixes the terminology so it names the correct certificate type used to register a subdivision, aligning the clause with the certification framework.

This clause lists the types of development that cannot be treated as complying development under this part of the Codes SEPP. Former paragraph (g) — which carved out development to which State Environmental Planning Policy (Housing) 2021, Chapter 2, Part 2, Division 1 applies (other than work by or on behalf of the NSW Land and Housing Corporation) — has been removed. All the other exclusions (bush fire prone land, flood control lots, battle-axe lots, unsewered land, landslide-risk land, etc.) remain unchanged. The practical effect is that this category of Housing SEPP development is no longer automatically shut out of the complying development pathway under this code.

Clause 3BA.2 sets out when Part 3BA (the pattern-based provisions) applies. The only change is a correction to the deposited plan number for the lot that the part applies to from commencement: it now reads Lot 411, DP 1318801 instead of Lot 411, DP 1278302. Everything else — the July 2025 pattern definition and the 30 July 2025 start date for other land — is unchanged. This is a drafting fix to point to the correct plan.

Clause 3B.2 lists development that cannot be done as complying development under this code (the dual occupancy, manor house and multi dwelling housing code). Previously paragraph (h) carved out development to which State Environmental Planning Policy (Housing) 2021, Chapter 2, Part 2, Division 1 applied, unless it was being done by or for the NSW Land and Housing Corporation. As amended by 2025 (468), that paragraph has been removed. The overlap/exclusion with the Housing SEPP is gone, so development previously blocked from this complying development pathway by paragraph (h) is no longer automatically excluded. All the other exclusions (roof terraces, battle-axe lots, easements, unsewered land, landslide-risk land, etc.) remain unchanged.

Two substantive amendments were made to Division 2 of the Low and Mid Rise Housing pattern-book complying development code. First, in the Torrens title (3BA.4) and strata (3BA.5) subdivision clauses, the reference to an accredited certifier issuing a "compliance certificate" for a subdivision is replaced with the correct term "subdivision certificate" — aligning the code with the proper instrument used to register subdivisions under the EP&A framework. Second, paragraph (g) of clause 3BA.6 has been deleted. That paragraph previously excluded development to which Chapter 2, Part 2, Division 1 of the Housing SEPP 2021 applies (other than work by or for the Land and Housing Corporation) from being complying development under this code. With (g) removed, that category of development is no longer carved out of the code.

The only change to this Division is an update to the deposited plan reference identifying the Landcom site in clause 3BA.13. It now refers to Lot 411, DP 1318801 instead of DP 1278302, reflecting a re-registration or update of the plan for the same land. The complying development pathway itself (terraces and secondary dwellings under the "Terraces 04 by Other Architects x NMBW" pattern) is unchanged.

Clause 3B.2 lists development that cannot be treated as complying development under the Low Rise Housing Diversity Code. Previously paragraph (h) excluded development to which State Environmental Planning Policy (Housing) 2021, Chapter 2, Part 2, Division 1 applied — unless it was carried out by or on behalf of the NSW Land and Housing Corporation. That paragraph has now been emptied (repealed by 2025 (468)). Removing this exclusion widens the pool of development that can proceed as complying development under this code, so the type of Housing SEPP development that was previously locked out of the CDC pathway is no longer expressly barred by 3B.2.

This is the consolidated version of Part 2 of the Codes SEPP as in force on 15 August 2025. The exempt development codes it contains — access ramps, aerials and antennae, air-conditioning units, ancillary take away food outlets, animal shelters, ATMs, aviaries, awnings and the rest of the General Exempt Development Code — read the same in the earlier and later versions provided. No development standard, specified development category, or eligibility test has been altered in the text shown. The update reflects the currency of the consolidation rather than a new rule.

Clause 2.125 lists the land where this major-events temporary development code applies. A new paragraph (f) adds land identified as "Central Precinct" on the State Significant Development Sites Map to the existing sites (Circular Quay, Darling Harbour, The Rocks, the Overseas Passenger Terminal, Sydney Olympic Park, Barangaroo and Blackwattle Bay). Temporary uses in the public domain—community events, commercial events, temporary trading/dining, and associated storage and truck lay-by areas—can now be carried out as complying development at Central Precinct, subject to the unchanged standards in clause 2.126.

Clause 1.5 is the interpretation/definitions section of the Codes SEPP. The change adds paragraph (k) — "the Pattern Book Development Code" — to the list of "complying development code" in the definition. This signals that a new pattern-book pathway for complying development has been folded into the Policy's framework, so the term is now recognised throughout the SEPP. The amendment itself is a definitional/listing change; the substance of the new code sits in its own operative Part.

This adds a whole new complying development pathway under the Codes SEPP. Dual occupancies, manor houses, multi dwelling housing and terraces built exactly to one of the government's published "patterns" (designed by named architects such as Anthony Gill, Studio Johnston, SAHA, Carter Williamson, etc.) can now be approved via a complying development certificate rather than a full DA. The Part sets development standards for excavation, fill, retaining walls, drainage, tree protection and setbacks, allows accompanying Torrens and strata subdivision as complying development, and excludes certain land (bush fire prone, flood control, battle-axe, unsewered, landslide-risk lots, etc.). It applies to Lot 411 DP 1278302 from commencement and to all other eligible land from 30 July 2025.

This adds the opening interpretation provision for a new Part 3BA of the Codes SEPP. It sets the ground rules for reading the Part: words carry their Standard Instrument meaning unless separately defined here, and it defines "pattern" to mean a pattern published by the Department in July 2025. This underpins the new pattern-based housing pathway the Department introduced, tying the Part's operation to the government's published pattern designs.

This provision is a new standard in the Codes SEPP requiring that any wall constructed within 900mm of a lot boundary be built in accordance with the support method proposed in the professional engineer's report that accompanies the complying development certificate application. It ties construction of near-boundary walls directly to an engineered support solution, ensuring adjoining walls and structures are protected during and after construction.

A new clause has been inserted into Part 3BA of the Codes SEPP dealing with trees. It does two main things. First, a complying development certificate is taken to satisfy any separate permit or consent needed to remove or prune a tree, but only where the tree is not on the council's significant tree register, is within 3m of a building larger than 25m², and is under the height limits (8m for new dual occupancies or manor houses not required to be retained, 6m otherwise). Second, development under the code must generally be at least 3m from any protected tree on the lot or an adjacent lot, measured from the trunk base. Minor structures like access ramps, driveways, paths, awnings and pool fences can sit within that 3m zone provided excavation or fill stays within 150mm of existing ground level.

This provision, added to the Codes SEPP's low and mid-rise housing code, ties CDCs for that development to standard condition sets. CDCs for development under clause 3BA.3 must carry the Schedule 6A conditions (except condition 28), with Schedule 6A condition 17 deemed to apply to multi dwelling housing. CDCs for development under clauses 3BA.4 or 3BA.5 must carry the Schedule 6B conditions (except condition 2). It gives certifiers a clear, mandatory conditions framework for approving this class of complying development.

This new clause 3BA.13 sets the scope of Division 4 of Part 3BA, confining that division's exempt and complying development provisions to a single parcel — Lot 411, DP 1278302, known as the Landcom site. It is the trigger clause that tells you the rest of the division only operates for development on that specific lot, reflecting a bespoke arrangement for that site rather than any state-wide change.

Clause 3BA.14 has been added to the Complying Development Codes as part of the NSW pattern-book housing initiative. It makes multi dwelling housing (terraces), associated attached or detached development, and related secondary dwellings eligible for complying development at a Landcom site, provided the works follow the development standards, location requirements, technical drawing set and technical information in the specified pattern "Terraces 04 by Other Architects x NMBW". It also switches off clause 3BA.6(a) for this development, so the general restriction that provision would otherwise impose does not apply here.

This provision was inserted to define the application dates for the newly added Part 3BA of the Codes SEPP. It commences the Part immediately for Lot 411, DP 1278302, while for all other land the Part applies from 30 July 2025. It is a timing/application clause that switches on the substantive rules of Part 3BA on different dates depending on the land involved.

This adds a whole new complying development pathway to the Codes SEPP based on pre-approved architectural "patterns." If a proposal for a dual occupancy, manor house, multi dwelling housing (including terraces) or an associated secondary dwelling exactly follows one of the specified pattern designs — such as "Semis 01 by Anthony Gill Architects," "Manor Homes 01 by Studio Johnston," "Row Homes 01 by SAHA" or the various "Terraces" patterns — and meets the design's development standards, location requirements, technical drawings and technical information, it qualifies as complying development. This lets these low and mid rise housing types be delivered via a Complying Development Certificate rather than a full DA. There are lot-size and lawful-access gatekeepers: the pattern pathways don't apply if the lot is under the relevant minimum lot size or won't have lawful road access, except that the minimum lot size bar is switched off for land within the low and mid rise housing area under the Housing SEPP.

This clause, inserted into the Codes SEPP, makes Torrens title subdivision of certain low-rise housing sites available as complying development. It applies where dual occupancies, multi dwelling housing or multi dwelling housing (terraces) have been or will be built, provided no dwelling sits above another. The subdivision can be bundled into a single complying development certificate (CDC) application with the building work, or done separately where a CDC has already been issued for the housing. Key conditions apply: each resulting lot must contain only one dwelling, and dual occupancies or multi dwelling housing must be permissible with consent under the relevant planning instrument for the land. A secondary dwelling permitted under clauses 3BA.3(6) or 3BA.14(2) is excepted from the one-dwelling-per-lot rule. An accredited certifier can issue the compliance certificate for the subdivision.

A new pathway lets you strata-subdivide low- and mid-rise housing without a subdivision DA. If a single complying development certificate application covers both building the dwellings and strata-subdividing the land, the subdivision is complying development. Separately, land can be strata-subdivided as complying development where the development on it is one of these housing types and already has a CDC — unless the subdivision would breach a condition of that CDC. An accredited certifier can issue the compliance certificate for the subdivision. This aligns strata titling with the complying development stream that already applies to these dwelling types, removing a separate approval step.

The Codes SEPP has added clause 3BA.6, which carves out categories of development that are excluded from being complying development under Part 3BA's code. The exclusions cover bush fire prone land, flood control lots, battle-axe lots, unsewered land, landslide-susceptible land, buildings over registered easements, lots already containing a secondary dwelling or group home, development that is complying development under the Housing Alterations Code, and most social/affordable housing under the Housing SEPP (except work by or for the NSW Land and Housing Corporation). This sets clear boundaries on where the complying development pathway in this Part is available.

A new clause 3BA.7 imposes extra development standards on complying development in the Coonamble, Dubbo Regional, Gilgandra and Warrumbungle Shire local government areas, which surround the Siding Spring Observatory. These standards are additional to any other applicable standards. Complying development that creates residential accommodation can only proceed if outside light fittings are shielded, and in Coonamble, Gilgandra and Warrumbungle Shire there are caps on the number of fittings — no more than 7 shielded outside light fittings, and no more than 5 that are not automatic. The aim is to reduce light pollution that would interfere with the observatory's operations.

Clause 3BA.8 introduces detailed earthworks, fill and retaining wall controls for development done as complying development under this part of the Codes SEPP. Excavation depth is tied to distance from boundaries (1m, 2m or 3m), tightened to 1m on acid sulfate Class 3/4 land, near a natural waterbody, or where it is an aquifer interference activity. Any excavation deeper than 1m needs a geotechnical investigation report by a specialist engineer (prepared to AS 1726:2017) showing groundwater is absent or below the dig. Fill is capped at 600mm generally (1m for dual occupancies/manor houses) unless contained within a building footprint or a drop edge beam, with a 50% landscaped-area limit on fill above 150mm. Retaining walls or structural support for earthworks over 600mm must be engineer-certified, adequately drained, kept within set height and separation limits, and setback rules apply, including a 600mm landscaped strip in front of front-setback walls over 600mm high.

A new drainage standard has been added for development carried out under this code. Any stormwater generated by the development must be directed via a gravity-fed or charged system to one of three destinations: a public drainage system, an inter-allotment drainage system, or an on-site disposal system. A note clarifies that stormwater systems and connections must either be approved under section 68 of the Local Government Act 1993 or comply with the stormwater disposal requirements in the applicable development control plan.

This inserts the introductory (Division 1 Preliminary) provisions for a new Part 3BA of the Codes SEPP. It sets the interpretation rules — words carry their Standard Instrument meaning unless defined here, and defines "pattern" as a pattern published by the Department in July 2025. It also fixes when Part 3BA applies: immediately (from 16 July 2025) for Lot 411, DP 1278302, and from 30 July 2025 for all other land. This is the scaffolding for a new pattern-based development pathway (likely linked to the NSW Pattern Book / low- and mid-rise housing initiatives).

This inserts Division 2 of the new Part 3BA (the Low and Mid Rise Housing Pattern Book pathway) into the Codes SEPP. It makes dual occupancies, manor houses, multi dwelling housing and terraces complying development in R1, R2 and R3 zones, provided they are built strictly in accordance with one of the named pre-approved architect-designed patterns (e.g. 'Semis 01 by Anthony Gill Architects', 'Manor Homes 01 by Studio Johnston', 'Row Homes 01 by SAHA', various 'Terraces' patterns). It also allows the associated Torrens and strata subdivision to be done as complying development, sets minimum lot size and road access thresholds, excludes certain land (bush fire prone, flood control, battle-axe lots, unsewered land, landslide risk land, etc.), and adds dark-sky lighting standards near Siding Spring Observatory. The aim is to speed up approval of well-designed medium-density housing without a full DA.

This adds a full suite of technical standards governing the ancillary works that go with complying development under Part 3BA. Excavation depth is capped on a sliding scale by distance from the boundary (1m within 1m of a boundary, up to 3m beyond 1.5m), with tighter 1m limits on acid sulfate soils, near natural waterbodies, or for aquifer interference. Anything deeper than 1m needs a geotechnical report by a specialist engineer under AS 1726:2017 confirming groundwater is below the excavation. Fill is capped (1m for dual occupancy/manor house, 600mm otherwise, with exceptions), and fill above 150mm is limited to 50% of the landscaped area. Retaining walls or structural support over 600mm need engineer certification, drainage connection, separation and setback rules, and front-setback landscaping. It also mandates stormwater disposal methods, adjoining-wall support, tree removal/pruning and protected-tree setbacks (generally 3m), and imposes the Schedule 6A/6B conditions on the relevant CDCs.

A new Division 4 has been added to Part 3BA of the Codes SEPP, creating a site-specific complying development pathway for one parcel — Lot 411, DP 1278302, known as the Landcom site. Multi dwelling housing (terraces) with associated attached or detached development, and secondary dwellings linked to that housing, can be delivered as complying development if built in accordance with the standards, location requirements, technical drawings and technical information in the endorsed pattern "Terraces 04 by Other Architects x NMBW". This is part of the NSW pattern-book approach to housing, allowing pre-designed housing types to be approved through a complying development certificate rather than a full DA. Clause 3BA.6(a) is switched off for development under this clause.