Duty Planner FAQs

The erection of advertising or signage can often be undertaken as exempt development (development which does not require consent via a DA) or complying development (via a Complying Development Certificate) under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP). The NSW Department of Planning and Environment has prepared a useful fact sheet which outlines the circumstances in which signage can be undertaken as exempt or complying development. If your proposed signage does not satisfy these requirements, a Development Application (DA) is required. 

View a step-by-step guide on how to prepare and lodge a DA.

Alterations and additions to a dwelling house may be carried out in Zone C4 Environmental Living via a Complying Development Certificate (CDC) if the proposal complies with Schedule 3 of the KLEP (Ku-ring-gai Local Environmental Plan) and the Codes SEPP (State Environmental Planning Policy (Exempt and Complying Development Codes) 2008).

Schedule 3 of the KLEP permits a CDC for alterations and additions on C4 Environmental Living land but not on land mapped as biodiversity, riparian or bushfire prone; if your land is mapped as containing any of these constraints, a Development Application (DA) will be required if the proposed works are located within the mapped land. If the proposed works are located outside of these mapped lands, a CDC may still be issued.

Please note if you lodge your proposal as a CDC, your Certifier will need to be satisfied as to their capacity to issue CDCs and assess the proposal against the relevant legislation. Council is not in a position to provide interpretation or comments for a prospective CDC if Council’s accredited Certifier is not engaged. A Pre-CDC consultation is available with Council if you would like formal advice from Council’s accredited Certifier.

Exempt development

Balconies, decks, patios, pergolas, terraces and verandahs may be ’exempt’ from requiring development consent under State Environmental Planning Policy (Exempt and Complying Codes) 2008 (also known as the ‘Codes SEPP’). The general requirements for exempt development can be found here. The specific requirements for  exempt development in this regard, are outlined here.  Please note that development, which requires the removal or pruning of a tree or other vegetation that requires a permit, approval or development consent is not exempt development, unless the removal or pruning is carried out in accordance with a tree permit, approval or development (DA) consent.

If your proposal complies with the exempt general and specific requirements for these types of works under the Codes SEPP, then development consent is not required. Please be aware that the Codes SEPP is a state policy for self-assessment and Council is removed from the process. Should you require assistance with the interpretation of the policy or other enquiry regarding this legislation, please contact NSW Department of Planning on 1300 305 695 or email codes@planning.nsw.gov.au. Alternatively, you may wish to speak to a town planning consultant or other relevant expert with experience in this area.

Complying development (CDC)

If the works do not satisfy the requirements for exempt development, they may qualify as Complying Development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP). Please view the general requirements for complying development and the built form development standards for dwelling houses and attached development here. As with exempt development, there is certain land on which Complying Development may not be undertaken, which is detailed here.

Please be aware that the Codes SEPP is a state policy. If you wish to discuss its application to the development you wish to undertake, it is recommended that you engage an appropriately qualified expert such as a Certifier to assist in determining whether your development would be eligible to be undertaken as complying development. Pre-CDC consultation is also available with Council staff in order to discuss your proposal and receive advice.

Development Application (DA)

If the works are not exempt or complying development, then a development application will be necessary. In order to understand the requirements for a development application, please go to Council’s Development Application web page and review the Steps to prepare a DA. Key controls in relation to development relating to decks, balconies or pergolas are located in the Ku-ring-gai Development Control Plan in:

• Part 4A.2 Building Setbacks.
• Part 4A.3 Built-Upon Area.
• Part 4B Access and Parking.

A town planner, architect or other suitably qualified expert can help you prepare the required DA documents and plans.

A boundary adjustment is a minor change to an existing boundary which does not result in a significant change to the area of the allotments. Subject to compliance with the provisions of the Codes SEPP (State Environmental Planning Policy (Exempt and Complying Development Codes) 2008), a boundary adjustment may be undertaken without the need for development consent. The requirements of the Codes SEPP are outlined here. 

Please note that if development consent is not required, approval from the NSW Land Registry Services may still be necessary.

In general terms, boundary adjustments may not be undertaken on any land which contains a heritage item. Boundary adjustments may not be used to create an additional lot or to create an opportunity to erect an additional dwelling where one does not currently exist. Under these circumstances, development consent must be sought via a Development Application (DA).

If you need assistance in relation to a boundary adjustment, it is recommended that you engage a relevant expert such as town planning consultant, surveyor or the like.

Whether or not you may build over an easement depends on the terms of the easement, ie. what the easement is for and who the easement benefits. If you wish to build over an easement, it is recommended that you first seek advice from a conveyancer, solicitor or other expert in a related field.

Bushfire prone land is land that has been identified on a certified bushfire prone land map which can support a bushfire or is subject to bushfire attack. View our page for information regarding bushfire prone land in Ku-ring-gai.

Information regarding buying a property is available here. If you are looking to purchase a property, it is recommended that you obtain and review the Section 10.7 Planning Certificate for the property. A Section 10.7 Certificate provides advice in relation to the zoning of the land, permissible/prohibited uses and the applicability of exempt and complying development. It also includes details of development constraints such as bushfire prone land, biodiversity significant vegetation. This Certificate may be found in the contract for sale available from your real estate agent or solicitor. Alternatively, a Certificate can be ordered from Council. 

If you wish to undertake your own research regarding planning provisions that may apply to your property, please refer to our zoning page or Online map viewer. The ‘maps’ tab shows site affectations such as bushfire prone land, heritage listing, biodiversity mapping and the like.

Exempt development

The above development may be ’exempt’ from requiring development consent under State Environmental Planning Policy (Exempt and Complying Codes) 2008 (also known as the ‘Codes SEPP’). The general requirements for exempt development can be found here. The specific requirements for above listed development to be constructed as exempt development are outlined here.  Please note that development, which requires the removal or pruning of a tree or other vegetation, that requires a tree permit, approval or development consent is not exempt development, unless the removal or pruning is carried out in accordance with a tree permit, approval or development consent.

If your proposal complies with the exempt general and specific requirements for the above listed works under the Codes SEPP, then development consent is not required. Please be aware that the Codes SEPP is a state policy for self-assessment and Council is removed from the process. Should you require assistance with interpretation of or other enquiries regarding this legislation, please contact NSW Department of Planning and Environment on 1300 305 695 or email codes@planning.nsw.gov.au. Alternatively, you may wish to speak to a town planning consultant or relevant expert with experience in this area.

Complying development (CDC)

If the works do not satisfy the requirements for exempt development, it may qualify as Complying Development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP). Please view the general requirements for complying development. As with exempt development, there is certain land on which Complying Development may not be undertaken; that land is detailed here.

Please be aware that the Codes SEPP is a state policy. If you wish to discuss further, it is recommended that you engage an appropriately qualified expert such as a Certifier for further investigation and confirmation as to whether the development is eligible to be undertaken as complying development. Pre-CDC consultation is also available with Council staff to discuss your proposal. 

Development Application (DA)

In order to understand the requirements for a development application, please go to Council’s Development Application page and review the Steps to prepare a DA.

The relevant controls for a cabana and like development are found within Clause 4.4 of the Ku-ring-LEP and the following Parts of Ku-ring-gai Development Control Plan:

• Part 4A.3 Built-Upon Area.
• Part 4C.7 Ancillary facilities.

A town planner, architect or other suitably qualified expert can help you prepare the required DA documents and plans.

Exempt development

Carports may be ’exempt’ from requiring development consent under State Environmental Planning Policy (Exempt and Complying Codes) 2008 (also known as the ‘Codes SEPP’). The general requirements for exempt development can be found here. The specific requirements for carports to be constructed, as exempt development, are outlined here. Please note that development which requires the removal or pruning of a tree or other vegetation that requires a permit, approval or development consent is not exempt development, unless the removal or pruning is carried out in accordance with a tree permit, approval or development consent.

If your proposal complies with the exempt general and specific requirements for carports under the Codes SEPP, then development consent is not required. Please be aware that the Codes SEPP is a state policy for self-assessment and Council is removed from the process. Should you require assistance with interpretation of or other enquiries regarding this legislation, please contact NSW Department of Planning and Environment on 1300 305 695 or email codes@planning.nsw.gov.au. Alternatively, you may wish to speak to a town planning consultant or relevant expert with experience in this area.

Complying development (CDC)

If your proposed carport does not satisfy the requirements for exempt development, it may qualify as Complying Development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP). Please view the general requirements for complying development and the built form development standards for dwelling houses and attached development. As with exempt development, there is certain land on which Complying Development may not be undertaken, which is detailed here. 

Please be aware that the Codes SEPP is a state policy. If you wish to discuss further, it is recommended that you engage an appropriately qualified expert such as a Certifier for further investigation and confirmation that the development is eligible to be undertaken as complying development.  Pre-CDC consultation is also available with Council staff in order to discuss the proposal.

Development Application (DA)

In order to understand the requirements for a development application, please go to Council’s Development Application page and review the Steps to prepare a DA.

The relevant controls for a carport are found within the following Parts of the Ku-ring-gai Development Control Plan (DCP):

• Part 4A.2 Building Setbacks.
• Part 4A.3 Built-Upon Area.
• Part 4B Access and Parking.

A town planner, architect or other suitably qualified expert can help you prepare the required DA documents and plans.

A Certifier is an individual accredited by the Building Professionals Board to issue certificates such as Construction Certificates, Subdivision Works Certificates and Compliance Certificates. The Certifier may be either Council or a private business, depending on who you wish to appoint. Information regarding the role of Certifiers is provided on the NSW Fair Trading website along with providing information about appointing a principal certifier.

A change of use to a building or tenancy within a building can often be undertaken as exempt development (ie. development which does not require consent) under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP). The circumstances in which consent is not required are outlined here.

If your proposed change of use is not exempt development, it may qualify as Complying Development under Part 5 of the Codes SEPP, which is effectively a fast tracked development application that requires approval either through a Private Certifier or Council. If your proposed change of use is neither exempt or complying development then a Development Application (DA) will be required.

View a step-by-step guide on how to prepare and lodge a DA.

Demolition may be ‘exempt’ from requiring development consent under the State Environmental Planning Policy (Exempt and Complying Codes) 2008 (also known as the ‘Codes SEPP’). The general requirements for exempt ‘demolition’ can be found here and the specific requirements for demolition, as exempt development, are outlined here. Please note that development which requires the removal or pruning of a tree or other vegetation that requires a permit, approval or development consent is not exempt development, unless the removal or pruning is carried out in accordance with a tree permit, approval or development consent.

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, also known as the Codes SEPP, has provisions for the demolition of swimming pools as complying development. The general requirements for Complying Development can be found here and the particular provisions for the demolition of swimming pools in Part 7 (the demolition code) can be found here. Please note that the exemptions under Clause 1.19(1) of the SEPP do not apply to the Demolition Code.

Please be aware that the Codes SEPP is a state policy. If you wish to discuss this policy , it is recommended that you engage an appropriately qualified expert such as a Certifier for further investigation and confirmation that the development would be eligible to be undertaken as complying development. Pre-CDC consultation is also available with Council staff to discuss your proposal. 

If the works proposed do not fit within the criteria for complying development, a Development Application (DA) will be required. View here a step-by-step guide on how to prepare and lodge a DA.

Assessment timeframes can vary according to the complexity of the application.

To enable your application to be determined in a timely manner, please ensure your application is complete at the time of lodgement via the NSW Planning Portal. If your application is not complete at the time of lodgement, it will be returned with an explanation of the deficiencies with the application. View a list of DA lodgement requirements(PDF, 187KB).

If you need assistance lodging your application, it is recommended that you engage an expert such as a town planning consultant, architect or the like who has experience in this area.

For complex applications, it is recommended that you utilise Council’s pre-DA lodgement service. This service can assist in identifying key issues with an application prior to lodgement and may reduce the time it takes to assess your application.

Information regarding dividing fences is available on Council's fences page.

A driveway crossing is located within the road reserve, which is an area generally managed by Council. If you would like to construct a new driveway, change the materials of your driveway crossing or the like, you will need to make application to Council. Any new driveway crossing will need to comply with Council’s specifications. View more information here about a driveway crossing application.

Attached/detached dual occupancies (or duplexes) are not permissible in Ku-ring-gai unless the property is listed in Schedule 1 of the Ku-ring-gai Local Environmental Plan 2015 (KLEP).

Please note that Part 3B of State Environmental Planning Policy (Exempt and Complying Development) 2008 (as amended) permits development for the purposes of ‘manor homes’, as complying development within certain land use zones. If you wish to lodge an application for a manor home, it is recommended that you seek the services of an experienced expert in the areas of town planning or the like. Before the lodgement of any Development Application (DA), it is recommended that you utilise Council’s pre-DA lodgement service to identify any issues with the application prior to lodgement.

Exempt development 

Front fences may be ’exempt’ from requiring development consent under State Environmental Planning Policy (Exempt and Complying Codes) 2008 (also known as the ‘Codes SEPP’). The general requirements for exempt development can be found here. The specific requirements for front fences to be constructed as exempt development are outlined here.  Please note that development, which requires the removal or pruning of a tree or other vegetation that requires a permit, approval or development consent is not exempt development, unless the removal or pruning is carried out in accordance with a tree permit, approval or development consent.

If your proposal complies with the exempt general and specific requirements for fences under the Codes SEPP, then development consent is not required. Please be aware that the Codes SEPP is a state policy for self-assessment and Council is removed from the process. Should you require assistance with interpretation of or other enquiries regarding this legislation, please contact NSW Department of Planning and Environment on 1300 305 695 or email codes@planning.nsw.gov.au. Alternatively, you may wish to speak to a town planning consultant or relevant expert with experience in this area.

Complying development (CDC)

If your proposed fence does not satisfy the requirements for exempt development, it may qualify as Complying Development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP). Please view the development standards for fences as well as the general requirements for complying development. As with exempt development, there is certain land that Complying Development cannot be carried out upon; that land is detailed here.

It is recommended you speak to a Certifier to confirm if a CDC is applicable for your site. Pre-CDC consultation is also available with Council if you would like to seek feedback/advice about your proposal from Council’s Certifier.

Development Application (DA)

Please go to Council’s Development Application page and read Steps to prepare a DA.

Please read the Ku-ring-gai Development Control Plan (DCP) for the key controls:

• Part 4C.8 Fences.
• Part 19C.8 Development within HCAs - fences.
• Part 19E. 7 Heritage items - fences.
• Part 19F.4 Development in the vicinity of Heritage Items or HCAs - fences.

A consultant town planner, architect or similar expert with experience in the area can help with preparing the required documents and drawings for lodging a DA for a new fence.

NSW State planning system and fences legislation

Council’s fences page has useful information on the NSW planning legislation that applies to fences and links to the NSW State’s Dividing Fences Act 1991.

Please note that Council may not assist in resolving fencing disputes. The Community Justice Centre and Legal Aid NSW may assist in resolving fencing disputes.

A home business may be ‘exempt’ from requiring development consent under State Environmental Planning Policy (Exempt and Complying Codes) 2008 (also known as the ‘Codes SEPP’). The general requirements for exempt development can be found here. The specific requirement for home business to be undertaken as exempt development are outlined here.

The Codes SEPP is a state policy for self-assessment and Council is removed from the process. Should you require assistance with interpretation of or other enquiries regarding this legislation, please contact NSW Department of Planning and Environment on 1300 305 695 or email codes@planning.nsw.gov.au. Alternatively, you may wish to speak to a town planning consultant or relevant expert with experience in this area. Council cannot confirm whether your proposed home business meets the requirements of the Codes SEPP.

Development consent is required for home based businesses involving food preparation. To assist in the lodgement of your Development Application, Council’s Environmental Health Officers have compiled some useful information in relation to home based food businesses.

Development consent is required for home based businesses involving skin penetration. To assist in the lodgement of your Development Application, Council’s Environmental Health Officers have compiled some useful information in relation to skin penetration beauty businesses.

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, also known as the Codes SEPP, allows the installation of hot water systems as exempt development, subject to certain requirements. The general requirements for the installation of hot water systems as ‘exempt’ can be found here. Specific provisions for the installation of hot water systems as ‘exempt’ development are outlined here. 

The NSW Department of Planning and Environment has prepared a fact sheet which outlines the circumstances in which these works can be undertaken as exempt development or complying development.

Owners of heritage items and buildings within heritage conservation areas may submit a Minor Heritage Works application to Council to undertake works that would otherwise not require development consent under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. To assist, Council’s Heritage Advisor has prepared the following Guidelines(PDF, 195KB).

For further information in relation to what constitutes Minor Heritage Work please contact Council’s Heritage Specialist Planner or Council’s Heritage Advisor on 9424 0000.

Mobile food and drink outlets may be ‘exempt’ from requiring development consent under the State Environmental Planning Policy (Exempt and Complying Codes) 2008 (also known as the ‘Codes SEPP’). The specific requirements for mobile food and drink outlets, as exempt development, are outlined here.

Food stalls or vans often operate at temporary events such as markets, fairs and other special events. If you would like to operate your food stall or van at a temporary event permission must be first obtained from Council or the relevant event organiser.

Under the Protection of the Environment Operations (Clean Air) Regulation 2021 there is a restriction on burning in Ku-ring-gai without prior approval from either the NSW EPA or Fire and Rescue NSW. As a result, Council does not support outdoor fire pits and does not grant approval for them.

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, also known as the Codes SEPP, has separate provisions for above ground and below ground rainwater tanks. The general requirements for ‘exempt’ development can be found here. Please also refer to the particular provisions for the installation of rainwater tanks, above ground and below ground.

The NSW Department of Planning and Environment has prepared a fact sheet which outlines the circumstances in which these works may be undertaken as exempt or complying development.

Exempt development 

Retaining walls may be ’exempt’ from requiring development consent under State Environmental Planning Policy (Exempt and Complying Codes) 2008 (also known as the ‘Codes SEPP’). The general requirements for exempt development can be found here. The specific requirements for retaining walls to be constructed as exempt development are outlined here. Please note that development, which requires the removal or pruning of a tree or other vegetation that requires a permit, approval or development consent is not exempt development, unless the removal or pruning is carried out in accordance with a tree permit, approval or development consent.

If your proposal complies with the exempt general and specific requirements for retaining walls under the Codes SEPP, then development consent is not required. Please be aware that the Codes SEPP is a state policy for self-assessment and Council is removed from the process. Should you require assistance with interpretation of or other enquiries regarding this legislation, please contact the NSW Department of Planning and Environment on 1300 305 695 or email codes@planning.nsw.gov.au. Alternatively, you may wish to speak to a town planning consultant or relevant expert with experience in this area.

Complying development (CDC)

If your proposed retaining wall does not satisfy the requirements for exempt development, it may qualify as Complying Development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP). Please view the general requirements for complying development and the development standards for associated works. As with exempt development, there is certain land upon which Complying Development may not be undertaken, which is detailed here.

Please be aware that the Codes SEPP is a state policy. If you wish to discuss further, it is recommended that you engage an appropriately qualified expert such as a Certifier for further investigation and confirmation that the development would be eligible to be undertaken as complying development. Pre-CDC consultation is also available with Council staff to discuss your proposal.

Development Application (DA)

If your proposed retaining wall does not comply with the abovementioned requirements, a Development Application (DA) will be required. In order to understand the requirements for a development application, please go to Council’s Development Application page and review the Steps to prepare a DA.

The relevant controls for a retaining wall are found within the following Parts of Development Control Plan:

• Part 21.1 Earthworks and slope.
• Part 21.2 Landscape design.

For amenity and other reasons, retaining walls located on or close to a property boundary are unlikely to be supported by Council. For further advice, it is recommended you seek the services of a  town planning consultant, landscape architect or similar expert with experience in this area.

Satellite dishes may be ‘exempt’ from requiring development consent under the State Environmental Planning Policy (Exempt and Complying Codes) 2008 (also known as the ‘Codes SEPP’). The specific requirements for installation of satellite dishes, as exempt development, are outlined here. If your proposed satellite dish does not comply with these requirements, an approval either by a Complying Development Certificate (CDC) or Development Application (DA) will be required.

A secondary dwelling (also known as a granny flat) is a small, self-contained dwelling which is ancillary to and located on the same allotment as the primary dwelling. Development consent or a Complying Development Certificate will be required to construct a secondary dwelling. The NSW Department of Planning has prepared a useful fact sheet which outlines the relevant legislative requirements. If you wish to construct a secondary dwelling, it is recommended that you seek further advice from an experienced architect and/or consultant town planner with experience in this area. 

Complying Development Certificate (CDC)

A secondary dwelling may be carried out in Zone R2 or Zone C4 via a CDC if the proposal complies with Schedule 3 of the KLEP (Ku-ring-gai Local Environmental Plan) and State Environmental Planning Policy (Housing) 2021.

It is recommended you speak to a Certifier or other suitably qualified expert with experience in the area to confirm if a CDC is applicable for your site. Pre-CDC consultation is also available in Council if you would like to seek feedback/advice about your proposal from Council’s Certifier.

Please be advised that your Certifier will need to satisfy themselves as to their capacity to issue the CDC and assess any proposal against the relevant legislation. Council is not in position to provide interpretation or comments for a proposed CDC, if Council’s accredited Certifier is not engaged. Pre-CDC consultation is available with Council if you would like to seek advice in this regard.

Development Application (DA)

If your proposed secondary dwelling does not satisfy the requirements for a CDC, you will need to lodge a DA. Secondary dwellings are permissible in the R2 zoning under two instruments - State Environmental Planning Policy (Housing) 2021 (SEPP) and Ku-ring-gai Local Environmental Plan (KLEP). The maximum size of the secondary dwelling is either 60m² as defined by the SEPP, or a percentage of the existing Gross Floor Area (GFA) as defined by Clause 5.4(9) of the Ku ring gai Local Environmental Plan (KLEP). On land zoned C4, secondary dwellings are only permissible under the KLEP.

Please note that not all lots are suitable for secondary dwellings. A consultant town planner, architect or other relevant expert with experience in the area can assist you in undertaking a site analysis and determining whether your site is suitable.

If you proceed to lodge a DA, the relevant key controls for consideration are found in Clause 5.4(9) of the Ku-ring-gai Local Environmental Plan (KLEP) and Part 5 of Ku ring gai Development Control Plan (DCP). As there are numerous controls to consider, you may also wish to utilise Council’s pre-lodgement service.  Alternatively, please view Council’s steps to prepare a DA.

Council’s fences page has useful information regarding NSW planning legislation that applies to fences. It also provides a links to the NSW State’s Dividing Fences Act 1991.

Please note that Council does not assist in resolving fencing disputes. The Community Justice Centre and NSW LawAssist may assist with resolving fencing disputes.

Exempt development

For properties which are not heritage listed and are not located within a heritage conservation area (HCA), boundary fences (along the side and rear boundaries) can often be undertaken as exempt development (without development consent) under the Codes SEPP (State Environmental Planning Policy (Exempt and Complying Development Codes) 2008). If the property is a heritage item or within a HCA, please see our Heritage page for relevant information. It is likely that a Development Application (DA) will be required for a new fence. 

For properties which are not heritage affected, the type of boundary fencing you may construct without development consent depends on the zoning of your property. Please refer to our zoning page or Online Map Viewer. Generally speaking, you will find fencing which may be constructed without consent to be more restrictive on land that is zoned C4 Environmental Living.  A Development Application (DA) will be required for fencing on these properties if your proposed fence does not meet the requirements for exempt development.

The specific requirements for fences, as exempt development, are outlined here. The general requirements for exempt development can be found here. Please note that development, which requires the removal or pruning of a tree or other vegetation that requires a permit, approval or development consent is not exempt development, unless the removal or pruning is carried out in accordance with a tree permit, approval or development (DA) consent.

If the proposed fence meets all the provisions for ‘exempt development’ then it does not require development consent. Please be aware that the Codes SEPP is a state policy for self-assessment and Council is removed from the process. Should you require assistance with interpretation of or other enquiries regarding this legislation, please contact NSW Department of Planning and Environment on 1300 305 695 or email codes@planning.nsw.gov.au. Alternatively, you may wish to speak to a town planning consultant or similar expert who has experience on this area.

Complying development certificate (CDC)

If your proposed fence does not satisfy the requirements for exempt development, it may qualify as complying development under the Codes SEPP. Please view the development standards for fences as well the general requirements for complying development. As with exempt development, there is certain land on which Complying Development may not be undertaken; that land is detailed here.

If you wish to discuss whether your development qualifies as complying development, it is recommended that you engage an appropriately qualified Certifier to assist with your enquiry. Council also provides a Pre-CDC consultation service if you wish to seek advice about your proposal.

Development Application (DA)

If you are required to lodge a DA for your fence, please go to Council’s Development Application page and read Steps to prepare a DA.

The key controls applying to fences with Ku-ring-gai Development Control Plan (DCP) are outlined within the following parts:

• Part 4C.8 Fences.
• Part 19 Heritage Items and Heritage Conservation Areas.

A consultant town planner, architect or expert in a related field can help with preparing the required documentation and drawings for lodging a DA for your proposed fence. You should also engage a surveyor to locate the legal boundaries of your property.  Please note that the proposed fence must be located wholly within the confines of your property, unless consent from the owner of any adjoining property is provided with the DA.

A solar energy system means any of the following systems:

• photovoltaic electricity generating system;
• solar hot water system;
• solar air heating system.

Exempt development

Solar energy systems can often be installed as exempt development under State Environmental Planning Policy (Transport and Infrastructure) 2021. A full list of requirements is outlined in section 2.41 of the SEPP which is available here.

If your proposal complies with the exempt general and specific requirements for solar energy systems under the Infrastructure SEPP, then development consent is not required. Please be aware that the exempt provisions of the Infrastructure SEPP require self-assessment and Council is removed from the process. Should you require assistance with interpretation of or other enquiries regarding this legislation, please contact the NSW Department of Planning and Environment on 1300 305 695.

Complying Development

If your proposed solar energy system does not satisfy the requirements for exempt development, it may qualify as Complying Development under State Environmental Planning Policy (Transport and Infrastructure) 2021. A full list of requirements is outlined in section 2.39 of the SEPP is available here.

Please be aware that the Infrastructure SEPP is a state policy. If you wish to discuss further, the provisions of complying development under the SEPP, it is recommended that you engage an appropriately qualified expert such as a Certifier for further investigation and confirmation that the development would be eligible to be undertaken as complying development. Pre-CDC consultation is also available with Council staff to discuss your proposal.

Development Application (DA)

If your proposed solar energy system does not meet the requirements for exempt and complying development, a DA will be required. In order to understand the requirements for a DA, please go to Council’s Development Application page and review the Steps to prepare a DA. The relevant controls for a carport are found within the following Parts of Ku-ring-gai Development Control Plan:

• Part 4A.1 Visual Character.
• Part 19 Heritage Items and Heritage Conservation Areas.

A consultant town planner, architect or other suitably qualified expert with experience in the area can help you prepare the required DA documents and plans.

Torrens title subdivision involves the creation of two or more lots. Torrens title subdivision is a permissible form of development with consent in Ku-ring-gai. The minimum lot size varies depending on the zoning of the property.

To check the zoning of your property, please refer to our zoning page. The minimum lot size requirements for Torrens title subdivision are contained in Clause 4.1 of the Ku-ring-gai LEP and the associated Lot Size Maps, which can viewed here.

Whilst your site may meet the minimum lot requirements, it is nevertheless important to consider the constraints of the site. For example, if the property is mapped as containing bushfire prone land, biodiversity significant vegetation or a riparian corridor, the development potential of the site may be hindered. Likewise, if the lot is steeply sloping or contains significant trees, the development potential of the site may also be limited.

If you wish to lodge an application for subdivision, it is recommended that you seek the services of a surveyor and/or consultant town planner or other relevant expert with experience in the area. A relevant expert will assist in determining whether the site is suitable for subdivision and what other experts (such as arborists, ecologists and engineers) need to be engaged. You may also wish to utilise Council’s pre-lodgement service.

Ku-ring-gai Development Control Plan (DCP) Part 3 Land Consolidation and Subdivision provides the development controls for land consolidation and subdivision.

Generally, dual occupancy development is not a permissible form of development within the Ku ring gai Local Government Area, however there are some exceptions where sites have been targeted for this type of development. Historically, there may have been some dual occupancy development approved in the past prior to the current controls. In this instance, you may be able to undertake a Torrens title subdivision of the land, subject to development consent. As subdivision of an existing dual occupancy may not meet Council’s current minimum lot size requirements, it is recommended that you seek the services of a planning consultant or other related expert with experience in the area to seek their advice. Council’s pre-lodgement service can also assist in ensuring that all aspects of the proposal have been addressed prior to lodgement of the Development Application (DA).

Most trees in Ku-ring-gai are protected by Council’s tree and vegetation preservation guidelines in Part 13 of the Ku-ring-gai Development Control Plan. A comprehensive guide to trees in Ku-ring-gai is available here. For your convenience, Tree Assessment Guidelines are provided in multiple languages including English, Chinese and Korean.

Under State legislation, residents in some areas of Ku-ring-gai can remove trees to protect their property from bushfire. This legislation is called the 10/50 Vegetation Clearing Code of Practice. Details regarding the Code of Practice can be found here.

Please note that any tree removal associated with development must be dealt with as part of a Development Application (DA). If no development work is proposed, the tree removal must be undertaken via an approved Tree Permit Application. Tree Permit Applications are processed by Council’s Operations Team who can be contacted on 9424 0000.

There are two types of unauthorised works:

1. Development which is not being undertaken in accordance with the terms of the Development Consent or Complying Development Certificate (CDC); and
2. development which has been undertaken without consent, where formal consent was required.

If a development is not being undertaken in accordance with the conditions of consent, the matter must be reported to the Certifier in the first instance. The Certifier is appointed to oversee development and it is their role, as the first point of contact, to ensure development is undertaken in accordance with any consent issued. The name and contact details of the Certifier should be displayed on the development site (eg. attached to the fencing surrounding the development site). If the details are not displayed on the development site and you are unable to contact the Certifier, please contact Council’s Customer Service team on 9424 0000.

If you suspect development works are being undertaken without any consent being issued, please check Council’s DA tracker in the first instance. The DA Tracker contains details of consents which have been issued by Council. If it appears that consent has not been granted, please contact Council’s Customer Service team on 9424 0000.