Understanding Exempt Development for Decks in NSW
Replacing an existing deck in New South Wales (NSW) may not always require a Development Application (DA), thanks to the state’s exempt development provisions. The NSW government has established criteria under which certain minor building works, including deck replacements, can be carried out without the need for formal planning approval.
Key Criteria for Exempt Deck Replacement
To qualify as exempt development, your deck replacement project must meet specific requirements:
Location: The deck must be situated behind the building line of any road frontage.
Height: The floor level cannot exceed 1 meter above existing ground level.
Size: The total area must not surpass 25 square meters.
Setbacks: Minimum distances from lot boundaries apply, varying by zone type.
Additional Considerations
Even if your deck meets the exempt development criteria, keep in mind:
Structural integrity: The deck must be structurally sound and installed according to manufacturer specifications.
Tree removal: If removing vegetation is necessary, consult your local council first.
Bushfire-prone areas: Special construction requirements may apply.
When a DA Might Be Required
If your deck replacement project doesn’t meet all exempt development standards, you may need to pursue one of these options:
Complying Development: A faster approval process for projects meeting predetermined standards.
Development Application: Required for projects that fall outside exempt and complying development parameters.
Seeking Professional Advice
Given the complexity of planning regulations, it’s advisable to:
Consult your local council for specific requirements in your area.
Consider engaging a planning professional to assess your project’s compliance.
Review the latest version of the State Environmental Planning Policy (Exempt and Complying Development Codes) for up-to-date information.