Environment & Planning
7. Development Process
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 26 Jul 2015
- If you are planning a development or a subdivision project in New South Wales you must correctly identify the property on which you wish to carry out development. Ensure that you have the correct details before making any applications or commencing any research. A property is identified by:
- its address;
- the lot number;
- the deposited plan numbers; and
- the council and county.
- A Section 149 Certificate will tell you what types of development and land uses are permissible on the land under the local environmental plan. It outlines the zones of a property and the state, regional and local planning controls relevant to the area. It also includes information such as whether there are land contamination issues or road planning issues.
- You can order a s149 Certificate from your local council. It usually costs between $100-$150.
- A Section 149 Certificate lists the relevant planning instruments but not any particular development standards. It is your responsibility to ensure that your proposed development complies with all other requirements. A Section 149 Certificate is a good starting point but should be supported by discussions with the local town planner or a duty planner as well as a property lawyer.
- You should thoroughly research the area in which you plan to develop. If you are planning to subdivide a block of land and build townhouses you will need to check whether and what types of consent you may be required to obtain.
- Check whether your development proposal is suitable for the area and will fit in with the neighbourhood standard. Some neighbourhoods have consistent and uniform development such as houses with terracotta-tiled roof. There are also neighbourhoods that only have two storey houses and therefore a single story house may not fit in with the character of the neighbourhood. Research at this preliminary stage is imperative.
- Some areas have restrictions on how large a single lot can be and how many car spaces or garages each lot can have. Your development application may be refused if your proposed subdivision or development doesn’t comply with the minimum lot size conditions. You can get this information at preliminary consultations with the town planner in your local area.
- Once you are satisfied about your proposal and have conducted the relevant research you must prepare your Development Application.
- If your proposed development comes under exempt development you do not require development or building approval. You must however still ensure compliance under the Building Code of Australia and any other relevant legislation.
- If your proposed development is classified as a complying development you do not need to submit a development application but must obtain building approval prior to commencing any work. A Principal Certifying Authority (PCA) should be appointed for this purpose.
- A PCA can be a local council or a private accredited certifier.
- If you hire a private accredited certifier you must inform the council before commencing work on the property. Most councils have specific forms for this purpose and you should comply with any notification guidelines for your local council.
- Once you have lodged your development application with the council you must wait for it to be approved prior to commencing any work. For some developments this can take a long time and you may be required to submit additional documents or amend the plans to the council’s satisfaction.
- During the approval process the council will review your application and make notifications to the neighbouring properties. Many councils offer online tracking of the development application.
- Once the preliminary review and notification is conducted the council will undertake detailed assessment of your proposal. This may include:
- site inspections;
- proposed amendments;
- requests for further information;
- ensuring compliance under the legislation; and
- imposition of conditions on the application.
- Once the assessment process is completed the council will notify you of its decision. If the development application is refused you will be provided with reasons for refusal. If your development application is approved you will need to appoint a Principal Certifying Authority (PCA) and obtain a construction certificate before commencing any work. The PCA will also undertake mandatory inspections as and when required.
- Once you complete the whole development you will need to notify the council or your private certifier. The council or the private certifier will conduct final inspections and issue an Occupation Certificate. You may be penalised if the final inspection reveals any non-compliance.
View more Information on Government