In New South Wales (NSW), constructing a carport may not require council approval if it qualifies as exempt development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP).

To qualify as exempt development, the carport must meet specific criteria, including:
Requirements for Exempt Development:
Size and Height:
For lots larger than 300 square metres, the carport's floor area must not exceed 25 square metres.
The carport's height must not exceed 3 metres above ground level.
Setbacks and Location:
The carport must be positioned at least 1 metre behind the building line facing any road.
A minimum setback of 900 millimetres from side and rear boundaries is required.
Design Specifications:
At least two sides and one-third of the carport’s perimeter must remain open.
If the carport meets these criteria, it can be constructed without council approval as exempt development.
If not, it may still be eligible under the complying development pathway, which requires obtaining a Complying Development Certificate (CDC) from either the local council or an accredited certifier.
This streamlined approval process applies to straightforward developments that meet all relevant planning standards.
The Development Application (DA) Process:
For carports that do not qualify as exempt or complying development, a Development Application (DA) must be submitted to the local council. This process involves:
Site and Design Compliance:
Reviewing your local council’s Local Environmental Plan (LEP) and Development Control Plan (DCP) for zoning requirements, design controls and specific local provisions, such as heritage overlays or flood zones.
Ensuring compliance with council-specific criteria, including setbacks, private open space, and integration with the streetscape.
Documentation:
Preparing the necessary documents, such as site plans, drawings, elevations and a statement of environmental effects (SEE).
Submission and Assessment:
Lodging the DA through your local council via the NSW Planning Portal, along with the required fees.
The council will assess the application based on relevant planning instruments, including the SEPP, LEP and DCP, and consider public submissions if the application is notified.
Approval:
If approved, you will receive a development consent, which may include conditions to be met during and after construction.
Key Considerations:
Heritage areas, bushfire zones or environmentally sensitive lands may require additional approvals or considerations under the LEP or DCP.
Consulting with a professional town planner or architect can ensure your proposal aligns with all relevant planning controls and increases the likelihood of approval.
While many carports can be constructed without approval under exempt development provisions of the Codes SEPP, carports that do not meet these standards can be pursued either through the CDC process for complying development or by lodging a DA with your local council.
Ensure all applicable planning controls, including those in the LEP and DCP, are addressed in your proposal.
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