• Development is defined under s 4 of the Environmental Planning and Assessment Act 1979 (NSW) as either:
  • use of land;
  • subdivision of land;
  • erection of a building;
  • carrying out work on the land;
  • demolition of a building or work; and
  • any other development listed under the planning instruments. 

• Designated developments are larger scale developments for which the applicants must submit an Environmental Impact Statement (EIS) with the development application.

Integrated development also requires additional compliance under the law and permits from state government agencies.

• LEP stands for Local Environmental Plan. It is a legal instrument that regulates how land is used and developed.
• Its objective is to follow the Environment Planning and Assessment Act 1979 (NSW). 

• SEPP stands for State Environmental Planning Policies.
• It is a legal instrument that addresses significant planning issues for the state and its residents.
• If you need more specific information about how a SEPP applies in your situation you can use our free and anonymous Ask a Lawyer service.

• DCP stands for Development Control Plan.
• It provides specific guidelines for development in specific areas.
• It provides detailed design and planning guidelines that support LEP and the Environmental Planning and Assessment Act 1979 (NSW).
• It addresses planning and development issues at the local level. 

• PCA stands for Principal Certifying Authority. This can be either a private certifier or a council.
• A PCA:
  • ensures that the development is consistent with the development application;
  • conducts inspections at each stage of construction;
  • ensures the applicant completes any required works; and
  • issues necessary certificates such as:
    • the Construction Certificate; and
    • the Occupation Certificate.

• An Occupation Certificate is a legal document issued by the PCA authorising occupation or use of a new building.

In New South Wales it is an offence to occupy or use a new or existing building without an Occupation Certificate.

• A duty planner is a person appointed by the local council to help its residents under the council’s planning and development process and controls.
• Many councils provide free access to a duty planner for preliminary discussions prior to lodging development applications.
• A duty planner only provides general information and can point you in the right direction for obtaining further information.
• More information can be obtained through a pre-lodgement interview during which experts from the council can go through your proposal in detail and highlight any necessary deficiencies in your proposal. Some councils may charge for this service.

• Tracking facilities vary between councils in each state and territory.
• Many councils allow you to track the development application throughout the process.
• An online tracking service can also be used as a tool for communication between the applicant and the council if additional information is required.
• If your council does not offer an online tracking service you can still call them and ask for an update on your development application. 

• A fencing notice is a formal written document that you send to your neighbour to build, fix or replace a boundary fence.
• A fencing notice must contain details about:
  • the person sending the notice and their address;
  • the person receiving the notice and their address;
  • the properties affected;
  • the fencing work proposed including length, height and materials that will be used;
  • the estimated cost;
  • how the cost will be shared between the parties; and
  • a disclaimer about the effect of section 12 of the Dividing Fences Act 1991 (NSW).
• If your neighbour does not agree to the fencing work being carried out within 1 month after the fencing notice has been served you may apply to the NSW Civil and Administrative Tribunal (NCAT) for an order.
• You can use our Phone a Lawyer service for a preliminary legal consultation if you think you may need legal advice.

• You should always consult with your local council as the first starting point. You can find additional general state and territory specific information as follows:
  • New South Wales – Department of Planning and Environment:  http://www.planning.nsw.gov.au;
  • Victoria – Department of Transport, Planning and Local Infrastructure: www.dpcd.vic.gov.au;
  • Queensland – Department of State Development, Infrastructure and Planning: http://www.dsdip.qld.gov.au/development-applications/;
  • Australian Capital Territory – Planning and Land Authority – Environment and Sustainable Development Directorate: http://www.planning.act.gov.au;
  • South Australia – Department of Planning, Transport and Infrastructure: http://www.dpti.sa.gov.au/planning/home;
  • Western Australia – Western Australia Planning Commission: http://www.planning.wa.gov.au;
  • Northern Territory – Land and Planning Services – Department of Lands, Planning and the Environment: http://www.dlp.nt.gov.au; and
  • Tasmania – Tasmania Planning Commission: http://www.planning.tas.gov.au.
• You can also use our LegalPlan™ membership to ask lawyers for tenders or a Fixed Fee Quote in relation to your planning needs.