NSW Ancillary development code
A complying development certificate (CDC) can be issued for ancillary development if there’s a CDC (or development approval/construction certificate) for the development that it is ancillary to. Also, an occupation certificate can be issued for ancillary development before construction starts on the development that it is ancillary to.
Recently, a council refused to issue CDCs for swimming pools for a new housing development, on the grounds that construction of the houses hadn’t started. A swimming pool is ancillary development under the NSW State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) and is complying development only if it is ancillary to a dwelling house.
If there’s a CDC (or development approval/construction certificate) for a house, then a CDC for a pool can be issued.
If someone applies for a CDC for a pool at the same time as applying for development approval (or a CDC) for a house, but their application for a house is refused, then a CDC can’t be issued for a pool (a pool isn’t complying development if there’s nothing for it to be ‘ancillary’ to).
If the house is approved but not yet built, an OC may be issued for the pool, provided it has a CDC and meets all relevant standards and codes. However, it may be wise to also issue a cautionary note to remind the applicant of the risk of accidents or vandalism by having a pool on an otherwise vacant lot.
Contact the team at SPASA for more information on this topic.
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