The NSW Department of Planning, Housing and Infrastructure has released an Explanation of Intended Effect for proposed changes to complying development in NSW.
The proposed reforms are intended to make the complying development pathway more flexible by allowing certain minor variations to selected complying development standards, rather than requiring an otherwise low-impact proposal to be redirected into the full development application process.
At present, a proposal must meet all applicable complying development standards to proceed as a complying development certificate (CDC). If even a minor numerical standard is not met, the project may need to be assessed as a development application, which can add time, cost and uncertainty.
The Department’s stated objective is to make the planning system faster, fairer, more proportionate and more outcomes-focused. The proposed CDC variation pathway is part of that broader reform agenda.
What is proposed?
The NSW Government is proposing a new variation certificate process.
Under this process, an applicant may be able to seek approval from Council for a variation to certain complying development standards. If the variation is approved, the balance of the CDC assessment can continue through the complying development pathway.
This is important because it may allow some low-risk and low-impact developments to remain within the faster CDC pathway, even where a limited departure from a specified standard is required.
The Department has indicated that the first stage of the reforms will focus on low-rise housing and parts of the Codes SEPP including the Housing Code, Rural Housing Code, Low Rise Housing Diversity Code, Greenfield Housing Code and Inland Code.
What types of standards may be varied?
The proposed reforms focus on common standards where minor non-compliances currently prevent proposals from being approved as complying development.
The standards being considered include:
- maximum building height
- maximum gross floor area
- front, side and rear setbacks
- articulation zones
- privacy screens
- garage door widths and car parking arrangements
- dual occupancy lot width and access requirements
- detached studios and detached structures
- swimming pool location and setbacks
- tree protection requirements.
The Department has indicated that the focus is on minor, low-risk design variations that should have minimal environmental impact.
How would the variation certificate process work?
The proposed process would allow a variation certificate application to be made either:
- when a CDC application is lodged, or
- after lodgement, if the certifier or Council identifies a variable standard that is not complied with.
The application would need to include a justification document, plans showing the proposed variation and any relevant supporting information.
Where a private certifier is assessing the CDC, the certifier would refer the variation certificate application to Council for assessment. Council would then assess the variation only, while the certifier would continue to assess the remaining CDC requirements once the variation is resolved.
The Department is proposing that Council would have:
- 10 calendar days to assess a variation referred by a private certifier, or
- 20 calendar days where Council is assessing both the CDC and the variation certificate.
If Council does not determine the variation within the required timeframe, the variation may be deemed approved, subject to safeguards.
Why this matters
For applicants, designers and planning consultants, this reform could be significant.
Many projects are technically suitable for the CDC pathway but fail because of a relatively minor numerical departure. For example, a minor setback issue, a small gross floor area exceedance, or a modest height variation caused by site topography may currently push a project into the DA pathway.
If adopted, the proposed variation certificate process may reduce the number of low-impact projects that need to be assessed as full development applications.
This could assist with:
- faster approval pathways for suitable low-rise housing
- reduced assessment burden on Councils
- more proportionate assessment for minor design variations
- improved certainty for applicants where the issue is limited and clearly justified.
However, the reform should not be misunderstood as a general relaxation of all complying development controls. The proposal is not intended to allow CDCs on land where complying development is otherwise prohibited, such as certain environmentally constrained land. It is also not intended to remove the need for proper assessment or justification.
Key limitation – not every standard can be varied
The proposed pathway would only apply to standards identified as variable under the relevant environmental planning instrument.
The Department is also considering a cap of three to four complying development standards that may be varied for a single development. This cap would apply across the development as a whole, including any later modification application.
This means applicants will still need to carefully review whether a project is genuinely suitable for the CDC pathway before investing in the preparation of plans and supporting documentation.
What supporting information may be required?
The Department has proposed that a variation certificate application should be supported by a justification document.
This would likely need to:
- identify the relevant standard being varied
- explain the extent of the variation
- demonstrate that the variation is consistent with the relevant SEPP requirements
- justify why the variation is appropriate
- include plans showing the part of the development affected by the variation
- address any specific information requirements for that type of variation.
For example, a height variation may need to explain why additional height is required, how the proposal responds to site topography and adjoining development, and whether there are any overshadowing, privacy or view impacts.
What happens if the variation is refused?
If Council refuses the variation certificate, or only approves some of the requested variations, the applicant would generally need to either:
- amend the proposal so it complies with the relevant CDC standards, or
- proceed with a development application instead.
This means the early feasibility stage remains critical. A CDC variation pathway may provide more flexibility, but it will not remove the need for careful upfront planning advice.
Meliora Projects’ observations
The proposed reform is a practical response to a common issue in the NSW planning system.
A rigid CDC pathway can create disproportionate outcomes where a minor technical non-compliance forces a project into a full DA process. A targeted variation certificate pathway may help resolve this problem, provided it is supported by clear guidance, consistent Council assessment practices and well-prepared justification material.
For applicants, the key takeaway is this: CDC eligibility should still be tested carefully at the beginning of a project.
The proposed pathway may provide flexibility, but it will not replace the need to understand:
- the applicable planning controls
- site constraints
- whether complying development is permitted on the land
- whether the proposed variation is within the allowable scope
- whether the variation is likely to create amenity, streetscape, environmental or design impacts.
Have your say
A full version of the EIE can be accessed for review here: Variations and changes to complying development
The Department is seeking feedback on the proposed changes, with submissions invited by 24 June 2026.
Applicants, designers, certifiers, Councils and planning professionals should review the proposal carefully, particularly where they regularly work with low-rise housing, dual occupancies, alterations and additions, detached structures, swimming pools or other CDC projects.
Variations and changes to complying development EIE | Have Your Say
Need assistance reviewing a CDC pathway?
Meliora Projects assists clients with preliminary planning investigations, CDC pathway reviews, development application strategy and planning approval advice across NSW.
If you are unsure whether your project can proceed as complying development – or whether a DA pathway may be required – we can assist with an early planning review before you commit to detailed design or lodgement.
