The Approvals Process

Overview

We recommend that you make an appointment with our Building & Development Team at least once before submitting your Application.

Contact our Customer Service Team to make an appointment:

 

 

Assessment

A DA is often referred to as being ‘merit’ based assessed. Merit assessment requires a more rigorous assessment often by a number of professionals within Council.

A DA assessed on its merits provides an opportunity for the applicant to ‘make a case’ for a design that may not quite meet all the development standards. For these reasons DAs generally take longer to be determined and when approval is given there may be a number of conditions to be met before work can start on-site, including obtaining a construction certificate.

Numerous professionals within Council may be involved in the assessment of a DA, including:

  • Planners
  • Building Surveyors
  • Development Engineers
  • Environmental Health Officers
  • Heritage Advisors

Sometimes a DA may also require referral to other state government agencies such as the NSW Office of Water, Roads and Maritime Services or the Rural Fire Service.

In some instances the proposal needs to be determined by the elected Council representatives. In this case Council planners prepare a report for Councillors to consider and determine at a Council meeting.

Development applications are assessed with regard to Section 79C of the Environmental Planning and Assessment Act. This includes matters such as:

  • The provisions of any relevant planning instruments or Council guidelines (Development Control Plans)
  • The likely environmental, social or economic impacts of the development in the locality
  • The suitability of the site for the development
  • Any submissions made in response to public notification of the development
  • The public interest

 

Notification and Public Comments

Development Applications may be advertised and/or notified at the discretion of Council where it is considered appropriate given the nature of the proposal.

The minimum advertising and or notification period for development applications is 14 days.

Council will notify adjoining owners and/or occupiers where it is of the opinion that the use or enjoyment of their land may be adversely affected by the proposal.

In forming an opinion to notify adjoining owners and/or occupiers Council will take the impacts on the following matters into consideration:

  • Sunlight
  • Privacy
  • Noise, odour, light or other pollution
  • Visual impact, streetscape and local character
  • Traffic and access
  • Ground levels
  • Stormwater and watercourse issues
  • Natural and man-made hazards

In the assessment of Development Applications, Council will consider submissions made by adjoining owners/occupiers and other interested persons in response to public notification procedures.

Determination

Applicants will be sent a formal Notice of Determination advising whether your development application has been approved or refused.

If a DA is approved you will be issued with Development Consent – but this is not an approval to build. You must also apply and be issued with a Construction Certificate before any building work can begin.

Click here to see Applications approved by Council

Construction Certificate 

Before applying for your Construction Certificate (CC) make sure you read through the Development Consent documentation carefully. There are likely to be conditions which need to be addressed before a CC is issued. Some conditions may require details of materials for heritage items, detailed storm-water design, modifications to a design to meet the Building Code of Australia, landscaping details etc. Only when all these conditions have been met will a CC be issued and only then can work begin on-site.

My Development Application was refused. What can I do?

If your Development Application is refused, you may consider a further request to Council for a Review of Determination under Section 82A of the Environmental Planning and Assessment Act.

A Review under Section 82A allows the application to be amended, as long as the development remains substantially the same as the original application.

A Section 82A Review needs to be requested from and determined by Council within six months of the refusal date or before an appeal against the determination is disposed of by the Land and Environment Court.  Council may need to notify your neighbours and/or advertise a Section 82A Review request. It may also be necessary to refer a Section 82A Review request to the elected body of Council for determination of the request. Depending on the timing of the lodgement of a Section 82A Review request and the processes that are relevant to the particular request, the period allowed for determination of the request may expire before such a determination can be made.

Fees apply for the request as well as any notification and/or advertising. The lodgement fees for these requests can be confirmed by contacting Council.

Can I appeal to someone other than Council?

If you are dissatisfied with Council's determination of an application, you can lodge an Appeal to the Land and Environment Court. You have six months from the date of determination to lodge an appeal to the Land and Environment Court.