A flexible pathway for Complying Development Certificates

As part of the proposed suite of planning reforms under the Planning System Reforms Act 2025 (NSW) (‘the Reforms Act’), the NSW Government has introduced a new complying development variations pathway. These reforms amend the Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (NSW) (‘Codes SEPP’) and are intended to introduce flexibility and speed to the development approvals process.

These changes are not yet in force and remain at the proposal stage.

A new complying development variations pathway

Under the existing development pathway, a development that is fully compliant with development standards under the Codes SEPP can apply for a complying development certificate (‘CDC’), which can be issued in as little as 20 days by a private certifying authority.

However, the current complying development framework does not extend to developments with minor variations from development standards, meaning that any variation to development standards must undergo the development application process. This often results in a longer and more intensive assessment process.

The proposed new complying development variations pathway is intended to permit CDC for developments with minor variations where the standards varied are low-risk and low-impact. It is currently proposed that the Codes SEPP will indicate:

• which development standards can be varied; and
• the extent to which those variations are permitted.

It is proposed that no more than 3 or 4 development standards may be varied in a single application.

Where variations are consistent with the SEPP and involve no significant adverse impacts, or where the assessment of the variation ends without a council decision, variations will be included in the CDC.

What variations are permitted under the new CDC pathway?

There are several proposed complying development standards that may be varied under the upcoming changes as areas where minor variations currently preclude applications from being considered under the complying development pathway. These include:

• Setbacks, including front setbacks, side setbacks, rear setbacks, and primary road articulation zones;
• Site requirements, including dual occupancies, widths and requirements, and habitable windows on ground floors of narrow lots;
• Amenity standards, such as maximum building height, maximum Gross Floor Area, and privacy screens;
• Vehicle access arrangements, such as maximum width of garage doors and access requirements for dual occupancies on narrow lots;
• Swimming pool standards; and
• Tree protection requirements.

How to apply for a complying development variation

Applicants will be required to:

1. identify the need for variation;
2. confirm any variation’s eligibility; and
3. prepare and submit an application and variation certificate request.

This must be submitted alongside a 1-to-2 page justification document outlining:

• the proposed variations, demonstrating consistency with the permitted variation to the complying development standard under the relevant SEPP; and
• why the variation is appropriate with accompanying drawings and plans.

It is critical that the justification document is sufficient, as a variation certificate may be refused where insufficient documentation has been supplied.

Councils will act as the sole approval authority for variations and make an assessment and determination in the required timeframe. It is important to note that in the event a decision is not made by council within 10 days (or within 20 days if a council is assessing a variation request and a CDC), a variation is deemed approved.

Private certifiers are responsible for:

• reviewing proposals to confirm whether variations are required;
• forwarding compliant variation applications to council; and
• assessing compliance with the remaining standards once a variation is approved or deemed approved, or providing further guidance if the application is refused.

How to provide feedback on the proposed changes

The proposed complying development variations pathway is currently on exhibition until 5:00 p.m. on 24 June 2026.

Interested parties can provide feedback on the proposed changes by completing the online survey feedback form or by making a submission before the final changes are recommended to the Minister for Planning and Public Spaces.

The Explanation of Intended Effect can be viewed, and feedback and submissions can be provided on the NSW Government Planning website here.

If you have any questions about the proposed complying development variations pathway, please reach out to the Planning and Environment team at Macpherson Kelley.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.