10-Day CDC Approval: How Pattern Book Compliance Works

The Complying Development Certificate (CDC) pathway offers the fastest route to development approval in NSW-as little as 10 business days compared to 6 to 12 months for traditional Development Applications. For LMR housing using Pattern Book designs, CDC approval transforms project timelines and economics.

What is a CDC?

A Complying Development Certificate is an alternative to traditional Development Application (DA) approval. Where a DA involves subjective merit assessment by council, a CDC is an objective compliance check against predefined criteria.

Key distinction:

• DA: “Is this design acceptable?”
• CDC: “Does this design meet the specified requirements?”

When your development meets all CDC criteria, approval is essentially automatic. This removes the uncertainty that makes traditional approvals unpredictable.

How 10-Day Approval Works

The Legal Framework

NSW planning legislation allows certain developments to bypass council DA assessment if they comply with specific development standards. These standards are set out in State Environmental Planning Policies (SEPPs).

The LMR SEPP established standards for medium density housing in eligible areas. Pattern Book designs are pre verified against these standards, meaning compliance is built into the design.

The CDC Process

Step 1: Design Confirmation (Pre lodgement) Select Pattern Book design suited to your site. Confirm design fits site dimensions, orientation, and zoning requirements.

Step 2: Documentation Preparation (1-3 weeks) Compile required documentation:

• Site survey
• Pattern Book compliance statement
• Engineering certificates
• BASIX certificate
• Bushfire assessment (if applicable)
• Other site specific requirements

Step 3: Lodgement Submit CDC application to accredited certifier with all documentation. Application fee payable at lodgement.

Step 4: Assessment (10 business days) Certifier reviews application against compliance criteria:

• Is the site LMR eligible?
• Does the design match Pattern Book specifications?
• Are all setbacks and heights compliant?
• Are required certifications provided?

Step 5: Determination If compliant: CDC issued, development can proceed. If queries: Certifier requests additional information (doesn’t reset 10 day clock). If non compliant: Application may be refused (rare with proper preparation).

Who Assesses CDC Applications?

CDCs are assessed by accredited certifiers, either private certifiers or council certifiers (if council offers this service).

Private Certifiers

Private certifiers are professionals accredited by the NSW Building Commissioner to assess development applications and issue certificates. They operate independently of councils.

Advantages of private certifiers:

• Often faster than council certifiers
• Dedicated resources for your application
• Available across all LMR suburbs
• May offer pre lodgement guidance

The iCIRT Rating System

iCIRT (Independent Construction Industry Rating Tool) rates certifiers on a 1-5 star scale based on:

• Track record
• Professional capability
• Insurance adequacy
• Compliance history

5 Star iCIRT rating indicates the highest confidence level. Mirvac, our certification partner, holds 5 Star iCIRT rating, providing maximum confidence in CDC outcomes.

What Makes CDC Possible for LMR?

Pattern Book Pre-Approval

Pattern Book designs have already been assessed against:

• Planning control requirements
• Building code standards
• Design quality principles
• Accessibility requirements

This pre assessment means the CDC certifier is verifying compliance with an already approved design, not assessing design merit from scratch.

Clear Compliance Standards

LMR developments have explicit, measurable standards:

• Setback distances in metres
• Height limits in metres/storeys
• Landscaping percentages
• Car parking numbers

These objective standards enable yes/no compliance assessment rather than subjective merit evaluation.

Defined Eligibility Criteria

LMR eligibility (800m from station, appropriate zoning) is verifiable against mapped criteria. There’s no discretion in eligibility determination. Either a site meets the criteria or it doesn’t.

Documentation Requirements

Essential Documents

Site Survey: Current survey (typically under 6 months old) showing:

• Lot boundaries and dimensions
• Existing structures
• Contours/levels
• Easements and restrictions

Pattern Book Compliance Statement: Document confirming selected design matches site and demonstrating compliance with all Pattern Book requirements.

Engineering Certification: Structural engineer’s certification for Pattern Book design application to specific site conditions (particularly foundations).

BASIX Certificate: NSW Building Sustainability Index compliance certificate confirming energy and water efficiency requirements.

Section 10.7 Certificate: Planning certificate confirming zoning and any site specific restrictions.

Site-Specific Documents

Depending on your site, additional documentation may include:

Bushfire Assessment: Required for sites in bushfire prone areas.

Flood Assessment: Required for sites in flood affected areas.

Contamination Report: May be required for sites with industrial history.

Geotechnical Report: May be required for sites with unusual soil conditions.

Common CDC Application Issues

Issues That Delay Approval

Incomplete Documentation: Missing or outdated documents trigger information requests. Ensure all documents are current and complete before lodgement.

Survey Discrepancies: Site survey must accurately reflect current conditions. Discrepancies between survey and reality create assessment complications.

Incorrect Design Selection: Pattern Book design must match site dimensions. Selecting a design that doesn’t fit your lot creates compliance issues.

Eligibility Misunderstanding: Not all sites near stations are LMR eligible. Verify eligibility before investing in CDC documentation.

Issues That Prevent CDC Approval

Heritage Constraints: Sites with heritage items or within heritage conservation areas may not qualify for CDC. DA pathway typically required.

Flood Planning: Sites affected by significant flood planning restrictions may require DA assessment rather than CDC.

Site-Specific Restrictions: Some sites have restrictions (covenants, easements) that prevent Pattern Book compliance. These require individual assessment.

CDC vs DA: When Each Applies

Use CDC When:

• Site is LMR eligible (800m from station, appropriate zone)
• Pattern Book design suits site
• No heritage or flood complications
• Timeline priority is high
• Outcome certainty is valued

Use DA When:

• Site isn’t LMR eligible
• Custom design required outside Pattern Book
• Heritage or flood constraints apply
• Design flexibility is essential
• Neighbour relationships require consultation

Frequently Asked Questions

What if my CDC application is refused?

Refusal is uncommon with proper preparation. If refused, you can address compliance issues and reapply, or pursue traditional DA approval. Understanding issues before lodgement prevents most refusals.

Can neighbours object to CDC development?

No. Unlike DA applications, CDC applications don’t require neighbour notification or allow objection. Compliance with standards is the only assessment criterion.

How much does CDC approval cost?

CDC fees vary by certifier and project complexity. Typical range: $5,000-15,000 including documentation preparation. Compare this to DA costs (similar or higher) plus the value of 6 to 12 months saved.

Can I start work before CDC is issued?

No. Work cannot commence until CDC is issued. However, preparatory activities (factory booking, material ordering) can proceed in parallel with assessment.

Start Your CDC Application

The path to 10 day approval begins with confirming your site’s eligibility and selecting an appropriate Pattern Book design.

Check your site’s eligibility and begin your fast track approval journey.