Your guide to the

Development
Application process
Small housing development
NSW Department of Planning and Environment
May 2018
May 2018
© Crown Copyright 2015 NSW Government

Disclaimer

While every reasonable effort has been made to ensure that this document is correct at the time of printing, the State of NSW, its agents and employees,
disclaim any and all liability to any person in respect of anything or the consequences of anything done or omitted to be done in reliance upon the whole or
any part of this document.

Copyright notice

In keeping with the NSW Government’s commitment to encourage the availability of information, you are welcome to reproduce the material that appears in
‘Your guide to the Development Application process – Small housing development’ for personal, in-house or non-commercial use without formal permission
or charge. All other rights are reserved. If you wish to reproduce, alter, store or transmit material appearing in the ‘Your guide to the Development Application
process - Small housing development’ for any other purpose, a request for formal permission should be directed to: Housing Approvals Team, GPO Box 39,
Sydney NSW 2001.
 Foreword
I am pleased to present Your guide to the Development
Application process, for small housing development, which has
been designed to get you building and renovating sooner.

In March 2017, councils across NSW received the Department of Planning and Environment’s Development
Assessment Best Practice Guide to help them deliver faster housing approvals.

While collaborating with councils to implement the guide, we identified the need to demystify some of
the planning processes for inexperienced and first-time renovators, or one-off applicants of small scale
housing developments.

Working with four councils from across the State to gain insights from their communities’ expectations and
experiences with the process, we produced this guide to help you work through a development application
for a new home, extension or renovation.

The contributions from Dubbo Regional Council, Port Stephens Council, Georges River Council and the
Inner West Council were invaluable.

The guide explains in simple terms, the planning system and gives you step-by-step instructions on how to
go about lodging a DA, thereby saving you time and no doubt a few headaches.

It has been designed in two parts – an overview of the NSW planning system, and an explanation of the
development assessment process. You’ll find resources here, including where to find information that you
require to submit your development application.

Happy building and renovating!

The Hon. Anthony Roberts

NSW Minister for Planning and Housing

1
2 Your guide to the Development Application process | Department of Planning and Environment
Contents
Preface4
Purpose of this guide 5

Who is this guide for? 5

Types of development covered 5

How to use this guide 5

Part 1: Getting started 8

Do I need development consent from my council?  9

Why are DAs required?  11

The planning system  11

Part 2: Development assessment and construction

approval processes 15
The process and participants’ roles 16

Stage 1: Pre-lodgement (Getting it right at the start) 19

Stage 2: Lodgement and initial administration by council of your application  24

Stage 3: Assessment (What happens to my DA now?) 26

Stage 4: Determination (The Decision) 27

Stage 5: After decision – get your Construction Certificate (approval to build) and start 30

Stage 6: Get your Occupation Certificate (OC) and celebrate 31

Glossary34

3
Preface
Purpose of this guide Types of development covered

The New South Wales planning system enables This guide is most relevant to small residential
and guides development to ensure we have development including:

Preface
housing, jobs and a healthy environment. • Alterations and additions to houses.
Many forms of development require approval from • New houses.
your council, technically known as development • Secondary dwellings – i.e. granny flats.
consent. You apply for development consent by
• Dual occupancies.
lodging a development application (DA).
This guide deals with DAs that require
The DA process can be confusing for first time
development consent from council. It does
applicants. This guide explains the process and
not deal with State significant development
assists you in preparing and lodging a DA, as well
determined by or on behalf of the Minister.
as explaining the next steps to get you building.
It briefly describes exempt and complying

Part 1
development to make you aware of those
approval pathways.
Who is this guide for?

The guide is helpful for:

How to use this guide
• People building a new home or planning
a renovation. Part 1 provides an overview of the NSW
• Small-scale developers. planning system to inform you and allow you
• People preparing submissions on to better participate in the development
assessment process.

Part 2
developments proposed in their area.
• Real estate sales people (giving Part 2 describes the process to obtain
pre-purchase advice). development consent from council in detail. The
• Project specialists (such as granny process is described in stages.
flat developers). You can work through the guide from start to finish
• Those wishing to learn more about or go straight to the step that is relevant to you.
the development application (DA)
and assessment process.
Glossary

5
 Part 1 – Getting started

Do I need development consent from my council?

There are some forms of development that do not require development consent (exempt
development) and others that may be approved via a fast track approval pathway
(complying development). This section helps you understand whether you require
development consent and what the best pathway is for you.

Why are DAs required?

You may be questioning why you need to get development consent. This section describes why
the development consent process is important.

The planning system

The planning system is a framework of legislation, policy and practice. This section will help you to
understand those elements, and their importance.

6 Your guide to the Development Application process | Department of Planning and Environment
 Part 2 – Development assessment and construction approval processes

Stage 1: Pre-lodgement (Getting it right at the start)

Preface
This section describes actions you can take when you are preparing your DA that will make the
development assessment process easier including understanding your land, putting together
your expert team, talking to council and talking to your neighbours.

Stage 2: Lodgement and initial administration by council, of

your application
This section describes the information that must be included in your DA, and the initial steps
council takes in its processing (notification, referral and allocation to an assessment officer).

Stage 3: Assessment (What happens to my DA now?)

Part 1
This section describes the process council will follow when undertaking its assessment. It is
important to understand these processes so you can understand what is happening, when you
can expect to hear from council and how you can participate in the process.

Stage 4: Determination (The Decision)

This section explains the possible decisions council can make about your DA and the importance
of conditions that council might place on your development consent, if approved. This section also
describes mechanisms that allow you to seek to:
• Modify your development consent.

Part 2
• Have council reconsider its decision; or
• Appeal the council’s decision to the Land and Environment Court.

Stage 5: After decision – get your Construction Certificate (approval to

build) and start
Your development consent is an approval for the carrying out of development as proposed
in your DA. You also need to get a construction certificate for any building work, which
considers how your building will be built to ensure it is safe, healthy and in accordance with
the development consent. You can obtain your construction certificate from council or an
Glossary

accredited certifier.

Stage 6: Get your Occupation Certificate and celebrate

You must obtain an Occupation Certificate to certify that you have met the requirements of your
development consent and construction certificate, and that the building is now ready to occupy
and enjoy.

7
Part 1:
Getting started
Do I need development consent
from my council?

The NSW planning system has a risk based assessment pathways that may apply to small

Preface
approach to development. The type of consent residential development: exempt development;
or approval you require, if any, depends upon the complying development; and development
scale and potential impacts of your development that requires consent from a consent authority
(such as on traffic, noise, privacy and solar (typically a council).
access) on adjoining properties. There are three

Assessment Pathway

Pathway

Part 1
Exempt Complying Development
Development Development Consent

Level of approval No approval Approval by issue of Council consent

complying development
certificate by certifier

Potential impact Minimal environmental/ Predictable Could be major

Part 2
amenity impact environmental/amenity environmental/
impacts amenity impact

Level of assessment Must comply with Must comply with pre-set Merit assessment
pre-set standards standards and conditions
Glossary

9
 Exempt Development

Exempt Development is minor development Development Codes) 2008 (Codes SEPP) or

that will have minimal impact on the site and your council’s local environmental plan (LEP).
surrounding neighbours or locality. It does Examples of exempt development are:
not require any consent or approval, if it meets • Barbecues. • Satellite dishes.
standards set in either State Environmental
• Small fences. • Small decks.
Planning Policy (Exempt and Complying

Complying Development

Complying development is a fast track Complying development certificates can

and cost-effective approval process for be granted by council or an accredited
routine development, including one certifier and they can advise further
and two storey homes, alterations and what standards would apply to your
additions and outbuildings. It can be used development. Further information can
for development that meets specified also be found on the NSW planning portal
predetermined development standards [Link]
listed in the Codes SEPP or your council’s
LEP. Obtaining a complying development
certificate is a potential alternative to obtaining
development consent.

Development that requires consent

A DA is a formal application for development council and consists of standard application

that requires consent under the NSW forms, supporting technical reports and plans.
Environmental Planning and Assessment Act
The focus of this guide is the DA process.
1979 (EP&A Act). It is usually made to your local

10 Your guide to the Development Application process | Department of Planning and Environment
Why are DAs required? The planning system

A development consent permits a new building State and local planning legislation and policies
that will change our environment, and may affect set the rules that control what development can

Preface
our amenity or the amenity of those around us. occur on your land. The planning system has a
hierarchical structure with the EP&A Act sitting at
A DA is required to:
the top of the hierarchy, as shown below.
1. Manage change to ensure that the cumulative
impacts of developments do not negatively
affect the environment.
Environmental Planning and
1
2. Balance public and private interests by Assessment Act 1979
ensuring new development fits the character
of the area and sits comfortably within the
‘public domain’ (e.g. streets, laneways or

Part 1
Environmental Planning and
public reserves). 2
Assessment Regulation 2000
3. Provide an impartial process which allows
interested members of the community to raise
issues, to ensure a balanced and considered
outcome for all. Environmental Planning
3
Instruments (EPIs):
4. Ensure that the hard infrastructure
(e.g. stormwater drainage, car parking • State Environmental
and power supply) and soft infrastructure Planning Policies (SEPPs)
(e.g. trees and landscaping) needed for your • Local Environmental Plans

Part 2
development is provided. (LEPs)
5. Ensure that your building is structurally safe,
protected from fire and has appropriate
access to sunlight and ventilation.
4 Development Control Plans
Glossary

11
 1. Environmental Planning and 2. Local Environmental Plans (LEPs) – Each council
Assessment Act 1979 has their own LEP which does four main things:
• Zones land to specify what
The EP&A Act sets up the framework for the
development is permissible without
planning system as follows:
consent, permissible only with
1. How rules affecting development are consent or prohibited in the zone.
made; and Your site is most likely zoned as ‘residential’
or ‘rural’ which means that new houses,
2. How development is assessed against
alterations and additions, and possibly dual
those rules.
occupancies and secondary dwellings, are
allowed to be built.
2. Environmental Planning and
• Identifies whether your house or
Assessment Regulation 2000
the area it is situated in has heritage
(EP&A Regulation) significance.
The EP&A Regulation details certain processes If you live in a historic home (heritage
that must be followed by councils when assessing item) or area (a conservation area), you are
a DA. It specifies more detailed matters such looking after a piece of Australia’s history.
as the fees that can be charged by a council to This means you may have to take extra
receive and assess a DA. design care in planning your changes.
• Identifies special matters for
3. Environmental Planning consideration.
Instruments (EPIs) There may be specific environmental issues
e.g. flooding, bushfire, acid sulfate soils and
EPIs introduce controls and requirements environmentally sensitive land that may affect
for specific issues and places in your local your site. Such issues should be addressed in
government area. There are two types of EPIs: any DA and may limit the extent or location of
1. State Environmental Planning Policies (SEPPs) the development on the site.
deal with issues that are of importance to the • Identifies the principal development
whole State. It is important to note that this standards.
does not necessarily mean that each SEPP will The principal development standards
be of relevance to your DA. An example that control the size and form of development.
may apply to you is: While they vary by council area, some
• SEPP (Building Sustainability Index: BASIX) common and relevant standards for you are:
2004: sets standards for sustainable ›› Maximum building height.
development (e.g. energy efficiency, ›› Maximum Floor Space Ratio (FSR).
water tanks).

12 Your guide to the Development Application process | Department of Planning and Environment
Height of buildings Example 2 – One storey building 50% of site,
floor area 500m2
Example: Maximum height of building 8.5m

Preface
8.5m max Attic
building height

2nd storey

2nd storey 1st storey

Ground 1st storey

basement
level
(existing)

Example 3 – Two storey building 25% of site,

floor area 500m2

Part 1
Floor Space Ratio
Floor Space Ratio can be a difficult concept
to visualize. The following simple examples
show how an FSR of 0.5:1 can be achieved on
a single lot.

Maximum FSR is the floor area you may build

compared to the total area of the block.

For an FSR of 0.5:1

If site area = 1000m2

Part 2
Floor area allowed = 500m2
The combination of standards like height, FSR
Example 1 – One storey building 50% of site, and setbacks, combined with your site’s physical
floor area 500m2 features will determine how big your house can
be and where it will be located on your block.
Glossary

13
 Variations to the
4. Development Control Plans (DCPs)
Development Standards
While the rules set out in LEPs and SEPPs are most
important, more detailed design and planning
Development standards may be varied
requirements are provided in your council’s DCP.
by your council. You can request a
Here you will find information in simple language,
variation under clause 4.6 of the LEP,
with diagrams and pictures on issues including:
however, councils will not do this lightly
and you must clearly justify why any • Building design, siting and size.
change should occur. • Access to sunlight.

If the development standards prevent • View sharing.

appropriate development of your site • Landscaping.
and you believe the impact of your
• Car parking.
development is reasonable then you
should contact your council to find out • Heritage.
if a variation is likely to be approved. • Stormwater treatment.

For further information see • Waste management.

the Department’s document • Fences and walls.
Varying development
The DCP provides guidance only, which means
standards: A Guide by visiting
there can be flexibility to make variations when
[Link]/vdsguide
supported by a good argument in your DA.

14 Your guide to the Development Application process | Department of Planning and Environment
 Part 2: Development
assessment and
construction
approval processes
 The process and participants’ roles

The DA and construction approval process has six stages and there are a number of participants who have
involvement across those stages. The stages, participants, roles and responsibilities are summarised in
Figure 1 below:

Figure 1. Participants and roles by stage in the process

Stage Participants Responsibilities

DA process

1. Pre-lodgement You Get dreaming

Get informed

Get online

Get team together

Chat to neighbours in advance

Your Team Prepare reports/plans

Compile application

Neighbours Raise issues, concerns and support

Council officers Provide accurate advice and

identify reports required

2. Lodgement You All information/fees provided

Your Team Lodge ‘assessment-ready’ DA

Council administration staff Completeness check

Register

Referrals – to internal experts and

State agencies

Formal notification to neighbours

and community

16 Your guide to the Development Application process | Department of Planning and Environment
Stage Participants Responsibilities

3. Assessment Council Assessment Officer Set call-back date

Preface
Assess

Review submissions/referrals

Request additional information

Council specialist officers Timely advice, consistent with pre-

lodgement advice

Part 1
Your Team Let council assess

Provide additional information

You Remain patient

Neighbours Make informed comments

Community Make informed comments

Part 2
Other agencies Timely comment/agreement

4. Determination Council delegate, Councillors or Timely decision

Local Planning Panel
Achievable conditions

Council Assessment Officer Advise you of decision

Glossary

You Read conditions

Seek Construction Certificate (CC)

17
 Stage Participants Responsibilities

Construction process

5. After decision, You Get CC

Construction Certificate
Get Owner/Builder Permit if
required

Get Home Owners Warranty

Appoint Principal Certifying

Authority (PCA)

Remain informed

Certifiers (council or private) Issue CC

Make inspections

Builder and sub-contractors Build as per plans

Arrange inspections

6. Occupation PCA Issue Occupation Certificate (OC)

Certificate
Council Take action if problems arise

You Celebrate

18 Your guide to the Development Application process | Department of Planning and Environment
Stage 1: Pre-lodgement Site Analysis – Understanding your site and
(Getting it right at the start) how it fits into the neighbourhood

When you are planning and designing your

The pre-lodgement stage is the front end of the project, you should analyse your site and how it

Preface
development assessment process. If you get the relates to development on adjoining lands and
front end right you are likely to have a simple DA the streetscape. This will help you understand its
process. Giving council an assessment-ready development capacity.
application, with all required information will not
‘guarantee’ approval – however, it will promote an A Site Analysis plan shows the key characteristics
efficient process, saving time and money, for both of your site and its relationship to adjoining
you and council. land. The plan will show information such as:
the path of the sun; the location of buildings,
trees and other key features on both your site
Get informed
and adjoining sites (including the street); and
The development potential of your site is considers the relationship to your neighbours

Part 1
determined by its characteristics and the planning (such as privacy and overshadowing). The slope
controls that apply to it. of the land, creeks and drainage are key issues
which can impact how and where you can build
Planning controls on your land.

There are several ways you can determine the Your street will have its own character, which
controls that apply to your site. is created by the lot size and shape, the form
of buildings (e.g. setbacks, height) and the
1. A planning certificate lists the planning landscape character. There may also be heritage
instruments that apply to your land. If you have values due to the age and style of buildings. A Site

Part 2
recently purchased your site, you may have a Analyses will help ensure that any development
planning certificate, as they form part of the you undertake fits within that character.
sale contract. Otherwise you can purchase
one from council directly. A Site Analysis can be carried out by an architect,
draftsperson or designer. An example of a Site
2. Download a property report from the NSW Analysis is shown on the next page.
planning portal. The report is free and
provides a simple overview of the key planning
controls that apply to your site.

3. Visit your council or their website. Council’s

Glossary

website is a great source of planning

information and specifically deals with the
controls that apply to your local area.

19
 Figure 2. Site analysis is the key to good design

20m
22m 21m

23m 200m to Park

public
school

Pool
1
1 1
Noise

2 1 Views

3 2

Prevailing
wind
300m to
public
1
school

Key

Carport Site

1 Number of storys Contours

Overlooking Private open space

Existing trees 0 5 10 20 40m

Does my development sit comfortably in the neighbourhood?

20 Your guide to the Development Application process | Department of Planning and Environment
Project homes Pre-lodgement meetings
with council
Project homes can be a cost effective and simple
way to get a new home. When choosing a project Most councils provide a range of pre-lodgement
home make sure you consider: services many of which are free. Depending upon

Preface
• The frontage and depth of your lot and the the complexity of your proposal, once you have
setbacks that apply. gathered information you can:

• It is right for your site. • Obtain over the counter advice from a council
duty officer. This type of meeting is good for
• It makes best use of your site’s attributes like
simple general inquiries or inquiries about
solar access, street access, slope etc.
minor development.
You should also be aware of the cost implications • Make an appointment with a staff member.
if you need to change the plans to suit your site or This type of meeting is good for projects
if you have to do extensive site works. where you require some general direction.

Part 1
• A formal pre-lodgement meeting is
Putting your team together encouraged where:
In preparing your DA you may need an architect ›› The planning rules are not clear.
or building designer to prepare (and cost) your
›› You wish to vary development standards.
plans, plus a number of specialists, depending
›› There is a specific contentious issue
on your site and your proposal e.g. land surveyor,
(e.g. heritage, flooding, stormwater
engineer, town planner.
constraints).
You can find experienced people by:
• Talking to friends and neighbours who have

Part 2
done similar work.
• Looking at similar designs locally and asking
the owners.
• Searching at professional organisation
registration websites.
• Looking at consultants used by others on
council’s DA tracking system.

As you move to construction you will need a

Glossary

principal certifying authority (council or private),

a principal contractor (builder) and any relevant
sub-contractors.

21
22 Your guide to the Development Application process | Department of Planning and Environment
Costs early in the process. Consider issues such as
privacy, solar-access, views and visual impacts
Building a home can be expensive. In your
– especially if you are proposing to vary the
budget you should consider all potential
LEP standards.
additional costs which may apply to your

Preface
development. These could include: Most councils have a notification policy and
will notify your direct neighbours once the DA
• The DA fee, including the cost of referral to
State Government agencies. is lodged.

• The construction certificate fee and fees

incurred in the building process including for Prepare your DA
inspections, engineer’s certificates etc. The type of information that accompanies a
• Development contributions payable for State DA will vary depending on your proposal and
and local services. site – when you speak to your council in the
• Conditions that may be imposed by council pre-lodgement stage you will be advised of

Part 1
such as bonds to cover damage to roads, information they require. This may include:
environmental clean ups, or dilapidation • The owner’s consent (if you are not the owner).
surveys of attached properties.
• A Statement of Environmental Effects (SEE).
• Water and other service connections.
• Site survey.
Ask council at an early opportunity about • Site analysis (see Figure 2, on page 20).
other costs.
• A BASIX Certificate – A basix certificate is an
energy efficiency report for a new home or
Get talking to your neighbours alterations and additions greater than $50,000
When you are preparing your plans think about that demonstrates its sustainability.

Part 2
how it will look from and impact on ‘next door’ • Other plans such as landscape or
and across the street. Once you have a clear idea drainage plans.
of your proposal, you should discuss it with your • Specific technical reports required by
neighbours. Ideally, you should contact them State agencies.

Key point – Address all relevant matters in your application

Your DA should address all relevant matters, up-front, in your Statement of Environmental
Glossary

Effects. This will help to avoid additional information requests, and will help to ensure an efficient
and smooth process.

23
 Stage 2: Lodgement and initial Lodgement is the formal start of the DA process.
Council will check that all the information has
administration by council, of
been provided. The EP&A Regulation sets out
your application
timeframes and procedures that must be followed
by a consent authority in assessing a DA. If the
Lodge your DA with council ensuring information you provide is adequate the ‘clock’,
that measures the time council has to assess
it is assessment ready.
your application, will start. If the information is
When you have filled out all the required forms inadequate the clock stops until the required
you can lodge your application with council. A information is provided. This is important as
completed DA will generally include: you may have the right to go to court to seek
• Any necessary specialist reports. a determination of your DA if council does
not determine your DA within the specified
• Council’s DA form and checklist.
time frames.
• All matters required for a DA as listed in the
EP&A Regulation (Schedule 1, Part 1); and It is your responsibility to provide all the required
information and to make sure your DA provides
• The required DA fee.
enough detail to enable council to make a
Lodgement can be: decision. Getting this right will save you and your
• Over the counter at council (the form from council time and money.
your council will advise) as either paper copies Fees are set out in the EP&A Regulation and must
or on a USB. accompany an application. They are based on the
• Online with some councils. estimated cost of the development that you must

24 Your guide to the Development Application process | Department of Planning and Environment
provide. Your team needs to ensure the estimates Allocation to your assessment officer
are accurate. Speak to council about additional
An assessment officer will be allocated to you
fees and charges.
and they will be your key point of contact. It is
good practice for council to set a future ‘call back’

Preface
Neighbour notification and
date when the assessment officer will ring you
advertising to introduce themselves, discuss progress and
Once your DA is lodged and checked, formal address any issues arising (if necessary).
neighbour notification may occur. Notification
Council’s resources and the assessment officer’s
can take a number of forms:
time is best spent assessing your application.
• Individual letters to local residents. Assessment officers usually have a lot of
• On-site notice. applications to assess and frequent calls will
slow this process. It’s recommended that you
• An ad in the local newspaper.
wait for your assessment officer to contact you. If
Neighbour notification is a key element in the DA there is a significant issue or need for clarification,

Part 1
process. Raising issues can be a positive, value your assessment officer will contact you prior to
adding exercise as all stakeholders work together your call back date. Most councils determine
for a mutually beneficial outcome. straightforward and complete applications in 40
days or less.
The on-site notice and newspaper ad mean that
your DA is on public exhibition and any person Key points of contact will be:
can make a submission. • Initial setting of future ‘call back’ date.
In each case, the plans and application are made • Site inspection – you can attend.
available at the council offices, perhaps at other • ‘Call back’ date.

Part 2
locations (such as the local library) for public
• Council seeking additional information.
inspection and generally on council’s website.
• Council advising you of its decision.

Referrals (internal and external) Remember if you have engaged someone else to
be the applicant on your behalf then council will
Your council has internal experts who will
contact them, not you (e.g. consultant, project
comment on different environmental issues. Many
home group).
councils have a meeting of experts to check DAs
after they are lodged to ensure the information is In some instances council may request to speak to
adequate to make a decision. a member of your specialist team e.g. engineer.
Glossary

Some government agencies have special roles to

provide comment or agreement/approval within
their areas of expertise. This is a consultation
or concurrence. Some examples include a
consultation with the NSW Rural Fire Service if
your property adjoins bushfire prone land, or the
Office of Environment & Heritage if your proposal
is near or affects a State heritage item.

25
 Stage 3: Assessment (What Key point – The significance
of DA assessment
happens to my DA now?)

Under the EP&A Act, all DAs must be formally Your council will refer to section
assessed by the council. This means that 4.15 of the EP&A Act when
the site must be inspected, applicants and assessing your DA, so ensure your
neighbours engaged, reports drafted and team addresses these matters when
recommendations made. completing your Statement of
Environmental Effects.
The six matters that your council must consider
(under section 4.15 of the EP&A Act) are:
• All plans and policies that apply – SEPPs, LEPs,
DCPs (as outlined in Part 1 of this guide). Council’s DA tracking system
• Impacts of your proposal on the natural You can consult your council’s online DA
and built environment and the social and tracking system, if available, to monitor the
economic impacts in the locality. progress of your DA. The system may give you
• The suitability of your site for your proposal access to the assessment officer’s report and
(e.g. physical characteristics, availability of its recommendation.
access and services).
• Any submissions (such as from neighbours or Liaison with council – additional
other groups). information requests
• Any comments or agreements/approvals from If you get the ‘front end’ right then the assessment
any NSW Government agency. officer will most likely have all the information
• The broader public interest. required to make a decision. However, it may be
necessary for the assessment officer to contact
you or your consultant and request clarification
or additional information. It’s helpful if you can
respond quickly and it’s best to get your experts
to talk directly with council if further clarification
is needed.

26 Your guide to the Development Application process | Department of Planning and Environment
Stage 4: Determination Who makes the decision on your DA?
(The Decision) For small housing development most
decisions will be made at staff-level e.g. the
assessment officer, senior officer, the Manager/

Preface
DA outcomes
Director of Development Assessment, or the
There are three possible outcomes for a DA: General Manager.

The significance of the conditions of

Development Consent: your consent
1
Granted, with conditions.
Conditions of consent can modify your plans
(e.g. reducing height, deleting elements, adding
a privacy screen, requiring a retaining wall).
2 DA Refusal: With reasons. These changes may increase the cost of your

Part 1
construction. Getting it right at the start will
help minimise unexpected and unplanned costs
because of conditions imposed.
Deferred Commencement
3
Consent: That is, a consent
not operating until one or more
important matters are resolved.
This is not a common outcome.

Part 2
Why conditions are important

Your development consent is a legal document and is extremely important – you must build
according to the conditions to avoid possible penalties or having to take costly rectification
Glossary

measures. As owner, you should carefully read and discuss these conditions with your certification
and building team members, as the conditions may modify the proposal you submitted.

Some conditions are mandatory and must be applied on all development consents e.g. your house must
meet the Building Code of Australia (BCA).

27
28 Your guide to the Development Application process | Department of Planning and Environment
Conditions also require you and your team to of the decision for this request to be lodged
take steps prior to or at key stages e.g. prior to and also determined. You need to allow
the issue of a Construction Certificate, prior to/ sufficient time for this.
during construction and prior to the issue of an • Commence an appeal to the Land and

Preface
Occupation Certificate. Some standard conditions Environment Court. You have six months to
to bring to your attention include: lodge an appeal. The court hears from you or
• Erection of signs on-site with details about your representative, council, relevant experts
your Principal Certifying Authority (PCA) and and potentially the community and determines
principal contractor (see Stage 5). whether the DA should be approved and
• Ensure that operations on the site do not what conditions should apply to it. The appeal
adversely affect the neighbourhood e.g. hours process can be time consuming and costly,
of work, waste management and controlling particularly if a matter is not resolved through
water run-off and erosion. mediation before going to a hearing.

• Organise any bonds to be paid e.g. to protect • Modify and relodge your DA.

Part 1
the footpath.
Modifications and reviews
• In some cases you will need to pay
development contributions – which goes If you wish to make changes to your approved
towards local infrastructure. plans (or the conditions), you can submit an
application for a Modification of Consent (under
How long does my development section 4.55 of the EP&A Act). This may be
consent last? needed if you change your mind on particular
aspects of the development.
The consent lasts for five years unless another
period is specified by council or physical The development you seek to modify must remain

Part 2
commencement has occurred in which case it substantially the same as the development the
does not lapse. original consent was granted for. If the application
varies too much from the original consent a new
DA must be lodged.
What can I do if I don’t like
council’s decision? Modifications can be time consuming and cost
additional fees. Getting the intended outcome
DA refusal right in the initial DA is much easier.

If your DA is refused or granted with unacceptable

Glossary

conditions you have three options all of which will

require some time and cost:
• Request a Review of Determination by your
council (with amended plans, if you wish). A fee
applies and you have six months from the date

29
 Stage 5: After decision – get Construction Certificate (CC)
your Construction Certificate The CC must be obtained from your council
(approval to build) and start or an accredited certifier and includes your
detailed building plans/engineering details and
specifications. The plans will most likely contain
Before you can start work
a lot more information than your approved DA
While receiving your development consent is plans, to allow your builder to work directly from
worth celebrating, it does not mean that you can them.
start building work. Before you can start building
The building must be consistent with them and
you must do four things:
the development consent.
1. Get a Construction Certificate –
Any plan changes that are inconsistent with
building approval from your council or a
the DA plans would need to be assessed
private certifier.
as to whether an application to modify the
2. Appoint a Principal Certifying Authority (PCA) development consent is required (see page 29).
to monitor construction – this can be your
In order to obtain the CC you may be required
council or an accredited certifier.
to first provide additional reports and pay
3. Give the council and the PCA two days’ notice refundable bonds or development contributions
before you start work. to the council. These details are covered in the
conditions of your development consent.
4. Complete any works listed in the ‘Prior to
commencing work’ part of the consent.

Which certifier?

You have the choice as to whom issues your Construction Certificate – the certifying authority
can either be your council or an accredited certifier. The NSW Building Professionals Board (BPB)
accredits all certifiers that are not employed by your council, and provides the information you
need on their website [Link]/.

30 Your guide to the Development Application process | Department of Planning and Environment
The role of the Principal Certifying Keeping a close eye on the work and being sure
Authority (PCA) it is consistent with the development consent and
any conditions attached is very important. Orders
The PCA must be appointed by the ‘person can be issued by council to stop work and fix any
having the benefit of the development consent’ –

Preface
errors. This can cost time and money or even lead
this means you as the owner and not your builder. to penalties. The EP&A Act specifies enforcement
It would probably be the same person or firm that measures that can be applied if a development is
issued your CC, but does not have to be – as with not built in accordance with its consent.
your CC, it can be an accredited certifier or your
council as PCA.

The PCA’s job is to work with you through the Stage 6: Get your Occupation
construction process and issue you with an Certificate (OC) and celebrate
Occupation Certificate (OC) when the work
is completed. To make this decision, the PCA The OC authorises the occupation and use of
inspects the development at various points in the

Part 1
a new building or building section. For staged
build and ultimately ensures that the building is works, an Interim OC may be issued which allows
safe and fit to occupy and in accordance with the you to occupy the completed part of the building.
development consent and CC.
Depending on the particular OC sought, the
PCA must be satisfied the development meets
During construction
various regulatory standards. These generally
As owner your role is to work with the PCA and include that:
the builder, keeping an eye on the work (and the • A development consent is in force.
terms of your development consent), managing
• The design and construction of the
the site and organising inspections. The PCA will

Part 2
building is not inconsistent with the
brief the builder and you about the process. You
development consent.
have a role in ensuring that your team follows the
procedures required for organising inspections • Any pre-conditions set out in the consent or
– missing an inspection can lead to delays. requirements of planning agreements have
Inspections required generally include: been satisfied.

• Piers. • Stormwater. • A CC has been issued.

• Slab. • Wet area. • That the building is suitable for occupation (in
accordance with its BCA classification).
• Frame. • Final.
The issue of the final OC is the last step in the
Glossary

You should also keep your neighbours informed

formal DA and construction process (though
and report any complaints to the builder and
there could be ongoing ‘operational’ conditions
the PCA.
such as maintaining appropriate noise levels or
landscape maintenance).

31
List of abbreviations used

BCA Building Code of Australia

Preface
BPB NSW Building Professionals Board

CC Construction Certificate

DA Development application

EP&A Act Environmental Planning and Assessment Act 1979

EP&A Regulation The Environmental Planning and Assessment Regulation 2000

Part 1
EPI Environmental Planning Instrument (a SEPP or an LEP)

LEP Local Environmental Plan

OC Occupation Certificate

PCA Principal Certifying Authority

Part 2
SEE Statement of Environmental Effects

SEPP State Environmental Planning Policy

Glossary

33
Glossary
Accredited Certifier means the holder of a Construction Certificate is a certificate to the
certificate of accreditation as an accredited effect that work completed in accordance with
certifier under the Building Professionals Act specified plans and specifications will comply
2005. Also referred to as a ‘Certifying Authority’. with the requirements of the Act and Regulations.

Preface
Appeal is the right of a person to challenge a Development application (DA) means an
decision in court, for example, a decision by a application for consent under Part 4 of the EP&A
council to refuse a DA, or impose a particular Act to carry out development. It is usually made
condition of consent. to the local council. It consists of standard forms,
detailed plan drawings and a number of detailed
Building Code of Australia (BCA) means the
documents (called ‘submission requirements’).
document of that name published on
behalf of the Australian Building Codes Board in Development consent means consent under Part
October 1996, together with: 4 of the EP&A Act to carry out development and
a. Such amendments made by the includes, unless expressly excluded, a Complying
Development Certificate.

Part 1
Board, and
b. Such variations approved by the Board Development Control Plan (DCP) is a detailed
in relation to NSW, as are prescribed by guideline that illustrates the controls that apply to
the regulations. a particular type of development or in a particular
area and is made under the EP&A Act.
Building work means any physical activity
involved in the erection of a building. Dwelling means a room or suite of rooms
occupied or used, or constructed or adapted so
Complying Development is routine
as to be capable of being occupied or used as a
development that an EPI provides can be
separate domicile.
approved by meeting specified predetermined

Part 2
development standards. Environmental Planning Instruments (EPIs)
means an LEP or SEPP made under Part 3 of the
Consent Authority, in relation to a DA (or an
EP&A Act. They contain the controls that apply in
application for a Complying Development
relation to the development of an area/site.
Certificate), means:
a. The council having the function to Exempt Development is classified in an EPI as
determine the application, or development that may be carried out without the
need for development consent because it will
b. If a provision of the EP&A Act, the
have minimal environmental impact, so long as
regulations or an EPI specifies a Minister,
any requirements of the EPI are satisfied.
Glossary

the Greater Sydney Commission, the

Planning Assessment Commission, Local Environmental Plan (LEP) is a form of EPI
a joint regional planning panel, local made under the EP&A Act. It is the principal
planning panel, or public authority (other legal document for controlling development at
than a council) as having the function to the council level. LEPs contain zoning provisions
determine the application – that Minister that establish permissibility of uses and specify
or the Greater Sydney Commission, standards that regulate development. They
Planning Assessment Commission, panel
or authority, as the case requires.

35
 are prepared by councils and approved by the State Environmental Planning Policies
Minister or, in the Greater Sydney Region, the (SEPPs) are a form of EPI made under the EP&A
Greater Sydney Commission or their delegates. Act by the Governor to make provision with
respect to any matter that, in the opinion of the
Occupation Certificate, issued by the Principal
Minister, is of State or regional environmental
Certifying Authority, is a certificate that authorises
planning significance, or is of environmental
the occupation and use of a new building, or a
planning significance to a district in the Greater
change of building use for an existing building.
Sydney Region.
It is a post-construction check on whether
necessary approvals and certificates are in place Statement of Environmental Effects (SEE) is
for the development and the building is suitable a formal report prepared for the applicant in
for occupation or use in accordance with its BCA support of their DA, addressing the council
classification. controls and the merits of the proposal.

Principal development standards are those Streetscape refers to the view from the public
standards that are so important that they are domain, usually the street (and possibly a laneway
included in the LEP e.g. building height, floor or public reserve).
space ratio.
Zoning is the system of categorising land uses
Public Domain refers to public land adjoining as prohibited, requiring consent or not requiring
or in the vicinity of a site. For instance, streets, consent within particular areas. Zones (such as
footpaths and public reserves. Residential or Commercial) are generally shown in
map form and their objects and permissible uses
Secondary dwelling means a self-contained
are set out in EPIs.
dwelling that:
i. Is established in conjunction with another
dwelling (the principal dwelling), and
ii. Is on the same lot of land as the principal
dwelling, and
iii. Is located within, or is attached to, or is
separate from, the principal dwelling.

Site Analysis is a bird’s eye view plan showing

where the sun is, and identifying trees and other
key features on-site and adjoining sites (including
the street).

Solar access means the availability of sunshine to

a property.

36 Your guide to the Development Application process | Department of Planning and Environment
For more information about the development application process
visit [Link]/yourdaguide