7Exempt development—Act, s 145 (1), def exempt

7 Exempt development—Act, s 145 (1), def exempt development, par (a) (ii) (1) The following development is exempt from requiring development approval: (a) development that complies with schedule 1 (Exemptions from requirement for development approval); (b) development that would comply with schedule 1 apart from a permitted construction tolerance; (c) development that changes development that is exempt under this (i) the development has not been completed; and (ii) the change would not need development approval if it were made after completion of the development; (d) development that changes development that is exempt under this (i) the development has not been completed; and (ii) the change consists of adding exempt development to the development; (e) development that can be notionally separated into components, each of which is exempt development (composite development). Example—composite development Development consists of a dwelling with a garage, windows, doors, chimney and an aerial (the components). As each of the components is exempt development, the composite development is exempt development.

Exempt development Part 2 (2) Also, development is exempt from requiring development approval if— (a) it changes development covered by an existing development approval; and (b) the change— (i) is a permitted construction tolerance; or (ii) would not need development approval if it were made after completion of the development; or (iii) consists of adding exempt development to the development. Example—s (1) (c) and s (2) (b) (ii) Construction of a dwelling that is exempt development is in progress. The developer wishes to change the slope of the roof by less than 5° (see sch 1, s 1.26). The developer may construct the dwelling with the changed roof slope without seeking approval for the change. Example—s (1) (d) and s (2) (b) (iii) Construction of a dwelling that is exempt development is in progress. The developer wishes to incorporate a skylight that complies with the conditions in sch 1, s 1.28, and so is exempt development. The developer may construct the dwelling with the skylight without seeking approval for the skylight. (3) However, subsection (1) (c), (d) and (e) and subsection (2) (b) (ii) and (iii) do not apply in relation to development if the change or composite development results in non-compliance with 1 or more of the following: (a) schedule 1, section 1.15 (Criterion 5—no multiple occupancy dwellings); (b) the requirement under schedule 1, section 1.41 (Class 10 buildings and other structures—2nd exempt building or other structure in boundary clearance area) that there be not more than 2 exempt class 10 buildings in a boundary clearance area in conjunction with schedule 1, section 1.17 (Criterion 7— compliance with other applicable exemption);

(c) the requirement under schedule 1, section 1.130 (Compliant single dwellings) that there be not more than 1 dwelling on a block. designated development, in relation to land—see schedule 1, section 1.3. permitted construction tolerance means development— (a) that consists only of a matter to which schedule 2 (Permitted construction tolerances) applies; and (b) that complies with the criteria for the matter in schedule 2; and (c) if the development is designated development—complies with the general exemption criteria that are applicable to the development (except to the extent that a development approval allows the development to not comply with the criteria). Note 1 For other exemptions, see the Act, s 147 (Exempt development— authorised use). Note 2 Development that is significant development cannot be exempt development (see Act, s 145 (2) (a)) and development approval must be obtained. For provisions about development approval, see the Act, pt 7.6. Note 3 Under the Act, s 145 (2) (b), exempt development does not include development that is inconsistent with an essential design element identified in a development approval. Note 4 The development may still need building approval, or further building approval, under the Building Act 2004. Note 5 The development must also comply with the lease for the land on which it is carried out.