CDC stands for complying development certificate. It is a faster approval pathway available for certain types of low-impact developments such as duplexes, that meet specific criteria outlined in the State Environmental Planning Policy (SEPP). However, under this code the type of development must also be permissible under the Council’s Local Environmental Plan (LEP) and some design criteria also refers to the development control plan DCP or council policies for certain matters that apply to the site.

[Important note to consider: If the SEPP does not refer back to the LEP or DCP for a specific requirement, then the requirement of the SEPP overwrites any requirement from the local Council.]

• The land on which the duplex is proposed to be carried out must allow approvals under the Low Rise Housing Diversity Code. This information is available on the planning certificate under the complying development section.
• The type of development must also be permissible on the zone allocated in the LEP for the intended lot.
• The minimum lot size as specified for dual occupancies in the LEP that applies to the land. If the LEP does not specify a minimum lot size the site must be minimum 400m².
• The width of the lot must not be less than the following when measured at the building line:
  – 15m or,
  – Where the lot is accessible from a secondary road, parallel road or lane 12m.

• the lot must have lawful access to a public road at the completion of the development.
• All stormwater collected is to be discharged by gravity fed or charged system. Some councils do not allow onsite disposal systems, as a result if your site slopes backwards you must negotiate and build an easement with your rear neighbour for stormwater discharge. If this type of discharge is allowed, you will require a S.68 approval of the Local Government Act. 1993
• Protected trees must be identified and located before beginning the design process. If the tree must be retained 3m tree protection zone from the outer trunk is required to any proposed structure.
• Easements that may affect your site must be identified as no structure is allowed to be proposed within this area.
• Sewer lines and manholes that may be within your site must be located using a sewer peg out. Clearances around the manholes are to comply with the clearances required in the construction manuals of the local water agency.
  If the extent of the building is close to the zone of influence of the sewer or it is building
  above it, the sewer must be concrete encased.
• If the site is located within a flood area, the minimum FFL proposed for the dwelling must be 500mm above the 1% AEPA Level given by Council.
• Search for any possible covenants or restrictions that your site may have.
• If the lot is within 100mm of a classified road or 80m from a rail corridor the design is to comply with the relevant noise control treatment for sleeping and other habitable rooms of the RMS Development near rail corridors and busy roads and the recommendations of an acoustic engineer.
• The area of each resulting lot must for Torrens title subdivision is to be at least the minimum size specified for the subdivision of land for the purpose of a dual occupancy in the environmental planning instrument that applies to the land. Or, if not minimum size specified 200m². Strata title subdivision minimum lot area is 180m² at ground level excluding any common area.
• The lot must have access to reticulated water, sewer, electricity, telecommunications and where possible gas.
• If any driveway, crossover, or kerb is proposed, must have written consent from the relevant roads authority. Consider that some councils do not approve more than one driveway crossing per site.
• If located in a ‘mine subsidence district’, must have prior approval from the Mine Subsidence Board.

When a Duplex under CDC is not allowed?

• Where a site is identified as susceptible to landslide risk in environmental planning instrument or similar.
• If the site identified as a battle axe block.
• On an unsewered land
• If the development is on land immediately adjacent to a rail corridor and development involves penetration of the ground to a depth of 2m within 25m of a rail corridor, it may be integrated development and cannot be CDC.
• Must not be on land that is a wilderness area or critical habitat.
• Must not be on land that comprises, or on which there is a draft heritage item.
• Land identified on an acid sulphate soils map as being class 1 or class 2 or contaminated land. Refer to your 10.7 planning certificate for information.
• Land that is identified by LEP, DCP or other planning document as being in: coastline hazard, coastal hazard, coastal erosion hazard, land in a foreshore area.
• The development must not be carried out on land in Bush Fire Attack Level 40 (BAL-40) or
  the Flame Zone (BAL-FZ)

If you need some help researching the above information, or simply would like to leave it to the experts. Give us a call and book your feasibility assessment.