If you want to know if your project may fall under the CDC category, I would talk to a town planner to save time and get expert advice.
Not trying to toot my own horn, but I worked on the small lot housing code, general amendments and commercial and industrial code amongst other elements when I worked for the Department of Planning, so know it pretty well.
Andrew, thanks for being so helpful. I believe we all know you are an expert in town planning. Does CDC code / requirements take precedent over local council DCP/LEP? Since CDC is a state/federal approval, does the submission of a CDC gets reviewed by local council?
First question. Yes. CDC is a SEPP (State Environmental Planning Policy) so the hierarchy is: DCP (Development Control Plan), made by local government, endorsed by Council, not a piece of legislation so can be varied. LEP (Local Environmental Plan) made by local government, endorsed by Council, endorsed by Department of Planning, has to be made by an act of Parliament and published in the government gazette SEPP made by Department of Planning , made by act of parliament etc. So an LEP trumps a DCP, a SEPP trumps both. That being said, some exclusions from LEPs apply, such as heritage controls, environmental zonings and the like. Second question. Maybe. You can chose to have it assessed by either the local council or by a private certifier. But it's not a merit assessment. If you comply they cannot refuse it. If you do not comply they cannot approve it.
