The following is a beginners guide to State Environmental Planning Policy (Transport & Infrastructure)  2021 (T&I SEPP) for schools, which helps provide a general ‘road map’ of the non-DA planning pathway provisions contained within the SEPP.

  • There are multiple Chapters in the T&I SEPP. Everything relevant to schools is contained under Chapter 3 – Educational Establishments and Chid Care Facilities of the T&I SEPP.
  • Exempt Development – anything proposed as exempt development must satisfy the general provisions under Division 4, and if it does, then must be listed under (and comply with the development standards of) either:
    • Section 3.39 – this is the list of exempt development works that explicitly apply only to schools (and not to child care centres, universities or TAFEs).
    • Schedule 5 – This is the list of exempt development works that apply equally to child care centres, schools, universities and TAFEs.
  • Development Permitted Without Consent – to carry out anything as development permitted without consent (DPWC), it must be captured under Section 3.37 of the T&I SEPP and the works must comply with the relevant development standards. Depending on what is proposed, there may then be consultation requirements applying under:
    • Division 1 – requiring consultation with authorities if impacting Council’s assets, proposing works with heritage impacts, works on flood prone land or requiring other authority approvals.
    • Section 3.38 – requiring consultation with council and neighbours if proposing a new building
  • Complying Development – anything proposed as complying development must satisfy the general provisions under Division 5, and if it does, then must be consistent with the provisions of both:
    • Section 3.40 – this is the main list of complying development works and includes development standards that need to be satisfied for the works to be capable of proceeding as complying development.
    • Schedule 6 – these are the development standards applying to all complying development works for new buildings or alterations to existing buildings (save for minor works).

If you have a scope of work that you are testing against the above planning controls, you can utilise the free SchoolPlan service to receive a report which helps clarify how that scope of work complies (or otherwise) with the above non-DA planning pathway controls, or you can ask an expert today.