Non complying development

APDS can guide you through the non-complying development process to help you get the development you deserve.

Certain types are of development are classed as being non-complying which means that they not normally allowed to proceed in certain zones The Development Plan policies list what development is described as non-complying. Generally, such development has been judged as being inappropriate and inconsistent with the character desired for that locality.

However a non-complying application can be lodged with Council and considered appropriate in certain circumstances.

The non-complying process is different to the standard development application process requiring a more detailed assessment of the application.

There are two main stages to obtain planning consent for non-complying development.

Firstly, a brief statement of support is required to demonstrate that the proposal has substantial merit and deserves to be assessed. A brief statement setting out persuasive reasons why the development should be supported, notwithstanding its non-complying nature, has to be submitted with the application. Without this statement the application can go no further. At this stage Council has complete discretion as to process the application further or not.

If Council agrees to proceed with an assessment of the application, the second stage of the process commences and you will be asked to supply a detailed Statement of Effect before anything else happens.

Please refer to our ‘Non complying guide for beginners’ which provides a step by step guide to the non-complying assessment process.

Let us know if we can help you with your non-complying application