Do I Need Council Approval for My Development in NSW?

One of the most common questions NSW homeowners and developers ask is:“Do I need council approval for this?”

Whether you’re building a deck, converting a home into an office or adding another level to your house, the answer depends on the type of development, its location, and how well it complies with planning controls.

This guide will walk you through key examples, clarify the difference between exempt development, complying development and development requiring a DA, and help you determine when to speak to a professional town planner.

🔎 Understanding the Three Pathways: Exempt, Complying, and DA

In NSW, development is generally classified into three categories:

Type of Development	Do You Need Council Approval?	Assessment Process
Exempt Development	❌ No	Must meet all criteria under the SEPP (2008)
Complying Development	✅ Yes (CDC only, not full DA)	Fast-track approval through a private certifier
Development Requiring DA	✅ Yes	Full council Development Application process

🛠️ 1. Building a Small Deck in Your Backyard

Do you need approval?

✅ Likely NO — if it qualifies as exempt development.

Under the NSW State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, you can build a deck without council approval if it:

• Is less than 25m² in size

• Is no more than 1 metre off the ground

• Is located behind the building line

• Does not affect drainage, heritage areas or neighbouring properties

Citation: NSW Department of Planning Exempt Development Guide

🟢 Why it works:Exempt development is designed for low-impact, straightforward projects that don’t interfere with neighbours or the environment.

❗ Tip: Always check zoning restrictions and whether your land is in a flood, bushfire or heritage area.

🏢 2. Converting a Residential Property to a Commercial Use

Do you need approval?

✅ YES — a full DA is required.

Changing the use of a property (e.g. from residential to office, studio, clinic or shop) always requires a Development Application (DA) because councils must assess:

• Traffic and parking impacts

• Noise and hours of operation

• Zoning compatibility under the Local Environmental Plan (LEP)

• Building Code of Australia (BCA) compliance

• Neighbourhood character

🔍 Example Case:At StraightLine Planning, we secured DA approval for a psychologist’s consulting room in Bankstown, converting a home into a practice by addressing parking and traffic concerns through a Traffic Impact Assessment.

“Any change of use that alters how a building functions is not exempt or complying — a DA ensures that community impact and building safety are properly assessed.” — StraightLine Planning, NSW Town Planners

🏠 3. Adding a Second Storey to an Existing Home

Do you need approval?

✅ It depends.

If your proposal complies with the NSW Housing Code under the SEPP (2008), you may only need a Complying Development Certificate (CDC) — a faster process handled by a private certifier.

✅ CDC possible if:

• The lot size and frontage meet code

• Height limits are under 8.5m

• Privacy, overshadowing and setbacks comply

• Not in a heritage or environmentally sensitive area

❌ Full DA needed if:

• You want to vary controls (e.g. boundary setbacks or height)

• You’re in a heritage zone

• The design is complex or non-standard

📍Planning Tip: Even small variations may require a Clause 4.6 variation, which StraightLine Planning frequently secures for clients across Sydney and regional NSW.

🧠 How to Know Which Rules Apply to You

Every site in NSW has its own planning controls based on zoning, overlays and state policies. To find out whether you need council approval:

✅ Use the NSW Planning Portal

Enter your address and check zoning, overlays and applicable codes:

👉 planningportal.nsw.gov.au

✅ Check Your Local LEP and DCP

These documents explain what is permitted in your zone, whether your property is heritage-listed, and what controls apply.

✅ Speak to a Town Planner

If you’re still unsure, professional town planners like StraightLine Planning can help you:

• Confirm whether your project is exempt, complying or DA-required

• Identify any constraints (flood, bushfire, heritage)

• Prepare the right documentation (SEE, Clause 4.6, DA forms)

• Manage council lodgement and liaise with certifiers

🛑 Common Traps: When DIY Assumptions Lead to Delays

Many homeowners assume they don’t need approval — and end up with compliance notices, stop work orders, or costly rectification works.

🚫 Assuming proximity to a train station means TOD zoning

🚫 Converting a garage into a granny flat without parking assessment

🚫 Installing signage or pergolas in heritage areas without a DA

🚫 Not checking flood, bushfire or biodiversity overlays

“Just because a neighbour did it doesn’t mean it’s legal. Planning controls are site-specific.” — StraightLine Planning

✅ Quick Reference Table: Do I Need Council Approval?

Development Type	Approval Needed?	Approval Type
Build a deck (under 25m², 1m height)	No	Exempt
Add a pergola or carport	Maybe	CDC or DA
Add a second storey	Yes (usually)	CDC or DA
Convert house to commercial use	Yes	DA
Build a granny flat	Yes	CDC or DA
Subdivide land	Yes	DA
Add signage in commercial/heritage zone	Yes	DA

🎯 Want Peace of Mind? Speak to the Experts

Whether you're planning a minor renovation or a full-scale development, knowing whether you need approval — and getting it right the first time — can save you thousands.

At StraightLine Planning, we’ve helped hundreds of clients across Sydney and NSW:

📌 Navigate council rules

📌 Avoid unnecessary delays

📌 Prepare documentation and manage lodgement

📌 Secure DA or CDC approvals — even for complex or non-compliant sites

📞 Contact us today to find out if your project needs council approval — and how to get it done properly.