Types of developments and applications

TYPES OF DEVELOPMENT


EXEMPT DEVELOPMENT
Exempt Development means your proposal meets specified criteria, in which case Development Consent is not required. For example, a car port, deck may be Exempt Development. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 outlines the criteria which are required to be met for a proposal to be classified as exempt.  

COMPLYING DEVELOPMENT
Complying Development is development which meets pre-determined development standards outlined within State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.  Complying Development is a fast track process, with a determination being made within 10 days.  A Complying Development Approval combines land use approval and construction approval through issuing a Complying Development Certificate (CDC).  Types of development which may be complying include swimming pools.  

LOCAL DEVELOPMENT 
When a proposal cannot meet the requirements of Exempt or Complying then Development Consent is required under the provisions of the Environmental Planning and Assessment Act, 1979.  

OTHER DEVELOPMENT
Other types of Development can include Integrated Development, where another authority such as the NSW Rural Fire Service are required to provide additional approval as part of the assessment process. Integrated Development approval requirements are outlined within Section 4.46 of the Environmental Planning and Assessment Act, 1979. Development may also be classified as designated.  Types of development which may be designated are outlined within Schedule 3 of the Environmental Planning and Assessment Regulation, 2000.    

TYPES OF APPLICATIONS

DEVELOPMENT APPLICATION (DA) 
A Development Application (DA) consists of a completed form and supporting material, which are lodged with Council to seek approval for development under the Environmental Planning and Assessment Act 1979

From 1 July 2021, all applications must be lodged through the NSW Planning Portal by applying online to create an eplanning log in or through Services NSW if you have a log in.

NSW Planning Portal Log In

Development Applications are to be accompanied by the relevant documents, plans and reports.  Application fees will be payable to Council, you will be contacted for payment when the application is ready to be accepted. Fee quotes can be obtained by calling Council's Planning and Regulatory Customer Service Officers on 02 6578 7290

Where an application does not meet the minimum requirements specified in Schedule 1 of the Environmental Planning and Assessment Regulation 2000, the application will be returned. A letter will be issued outlining the additional information required to be submitted. Once all information outlined within the accompanying letter has been prepared, the application may be resubmitted.

If you need assistance with the lodgement of your application, you can contact Council’s Planning and Regulatory Customer Service Officers between 8.30am and 4.00pm. 

More information on lodging a Development Application can be found in Council’s Development Application Guidelines.  

The Department of Planning and Environment has put together a guide in relation to the application process for small housing developments. The guide is available at Your DA Guide.  The Department also has a community guide to planning available, click on the link.

MODIFICATION OF CONSENT
Where a Development Consent has been issued, an application may be amended provided that the development remains substantially the same as the development originally approved. Section 4.55 of the Environmental Planning and Assessment Act 1979.

  • (1) minor error, mis-description or mis-calculation
  • (1A) for a modification that will result in minimal environmental impact
  • (2) for any other modification where the impact is not considered to be minimal; and 

Section 4.56AA(1) provides for the lodgment of a modification application to amend a consent handed down by the Land and Environment Court.

A modification application must be lodged through the NSW Planning Portal with amended documentation which clearly identifies the proposed changes. Fee quotes can be obtained by calling Council's Planning and Regulatory Customer Service Officers on 02 6578 7290.

CONSTRUCTION CERTIFICATE
An application for a Construction Certificate (CC) will usually be lodged after a DA is approved or in some cases can be submitted at the same time. The certificate assures that the design and construction materials comply with the Building Code of Australia and associate standards or codes and that the proposal is consistent with their DA and required fees and levies have been paid.

It is important to note that the Development Consent must be issued before final assessment of any Construction Certificate can be undertaken.

A CC must be obtained before commencing any building and or construction work.

COMPLYING DEVELOPMENT CERTIFICATE
A Complying Development Certificate (CDC) is the Development Application and Construction Certificate combined into the one approval, issued either by Council or a Private Certifier. A CDC can only be issued for development that meets set parameters, as determined by the Department of Planning and Environment. Building or Construction work is not permitted before a CDC is issued.

Complying Development applications lodged with Council generally take a maximum of 10 business days to determine. The faster assessment time is due to the fact that the approval is based on predetermined development standards that require the submission of more detailed plans and specifications. Unlike the development application process, it is not a merits based assessment.

Applications for a CDC must be lodged through the NSW Planning Portal.

For further information on complying development and the set parameters visit NSW Department of Planning and Environment.

OCCUPATION CERTIFICATE
An Occupation Certificate must be obtained to use or occupy or change the use of a building. All mandatory inspections must have been carried out and the building completed in accordance with the conditions of any Consent.

Note: An application for an Occupation Certificate for whole, part or partial may be requested.  These descriptions are listed on the NSW Planning Portal application form.  Each building or change of use, unless specifically exempted, requires an Application for Occupation Certificate.  Further clarification of these requirements may be found at this link.

BUILDING INFORMATION CERTIFICATE
A Building Information Certificate operates to prevent the Council, for a period of seven years from the date of issue of the Certificate, from making an order (or taking proceedings for the making of an order or injunction) under the Environmental Planning and Assessment Act 1979 or the Local Government Act 1993 requiring the building to be repaired, demolished, altered, added to or rebuilt. 

SUBDIVISION CERTIFICATE
Subdivision Certificates are issued under Section 6.3(1)(b) of the Environmental Planning and Assessment Act 1979 and authorises the final plan of subdivision to be lodged for registration. The plan of subdivision must be prepared by a registered surveyor.

Section 6.15 of the Environmental Planning and Assessment Act 1979 places certain restrictions on the issuing of Subdivision Certificates. 

Subdivision Certificate applications must be lodged through the NSW Planning Portal. Please download the Checklist for Subdivision Certificate Lodgement as a guide to minimum requirements for lodgement.

The fees for lodging a subdivision Certificate Application with Council are identified in Council's adopted fees and charges schedule.  You will be contacted by Council's Planning and Regulatory Customer Service Officers for payment.