3.1 Talk to us first!
You need to ascertain the type of development your proposal is, so you can determine what documents, forms and approvals are required. We recommend you make an appointment to meet with Council Staff by the Development & Pre-lodgement Enquiries form, found here.
and returning it to Council.
3.2 Checklist of Questions to Ask Council
Below is a summary of questions you need answered to determine if your property has specific site constraints that will require additional supporting documentation with your Development Application.
Is your property:
- identified as being located in bushfire-prone land?
- identified as being affected by flooding and/or overland flows?
- a ‘Heritage Item’ or ‘in the vicinity of a Heritage Item’?
- identified as being or potentially being contaminated. You will have to request this in writing. This information is only available free to the owners of the land and all requests for contamination advice are replied to in writing to the property owner. Other parties can get this information by applying for a Section 10.7 (2&5) Certificate.
3.3 Determine the Type of Application
3.3.1 Local Development
Development that requires consent from Council. Most residential development is classed as Local Development. Types of Local Development include:
- Advertising Sign
- Change of Use
- Commercial Development
- Dual Occupancy
- Industrial Development
- Mixed Use Development
- Residential Flat Building
- Single Dwelling
- Swimming Pool
- Town House
3.3.2 Integrated Development
Any of the above types of development may also be classed as an Integrated Development. These require additional approvals from other government agencies. The type of approval needed, and the agency it is needed from, varies. It is your responsibility to find out which approvals are needed.
Development that involves or relates to any matter such as fire-prone lands, heritage, roads, pollution, river and lakes, using water, aboriginal relics and places may be ‘Integrated Development’.
Applications for Integrated Development will be referred to the relevant agency by Council to obtain their ‘general terms of approval’. These requirements will then be incorporated in the conditions of any development consent issued by Council.
Examples of relevant agencies and the applicable Acts are:
- NSW Rural Fire Service – Rural Fires Act 1997
- Department of Planning – Heritage Act 1997, Fisheries Management Act 1994
- Department of Environment and Climate Change – National Parks & Wildlife Act 1974, Fisheries Management Act 1994
- Roads and Traffic Authority – Roads Act 1993
- Department of Primary Industry (Fisheries) - Fisheries Management Act 1994
- Department of Water and Energy – Water Management Act 2000
- Heritage Council of NSW - Heritage Act 1997
A detailed guide to Integrated Development is available online from the Department of Planning or by phoning (02) 9228 6111.
Integrated Development Applications requires additional information and fees. Please refer to Section 8 of Form No. 004 - Development and Building Checklist(PDF, 328KB).
3.3.3 State Significant Development
The Minister of Planning has declared that certain developments are of State significance. For these, the Development Application is made to the Department of Planning – not Council.
If you think your proposal may be State Significant Development, please contact your local Council for confirmation and assistance.
3.3.4 Designated Development
A development that is likely to have significant impact on the environment is subject to special regulatory procedures. Designated Development includes industries that have a high potential to pollute, large scale developments and developments that are located near sensitive environmental areas such as wetlands. A list of designated developments is provided in Schedule 3 of the Environmental Planning and Assessment Regulation 2000.
Special procedures apply to Designated Development including:
- An environmental impact statement must be prepared and submitted with application
- There is a 30 day public exhibition period
- Third party objectors have a right of appeal
Applications for Designated Development are rare and are determined by Council unless declared to be State Significant Development.
Before you start designing your proposal you need to know about the Council’s land use controls, policies and guidelines (also known as planning instruments) that will relate to your proposal.
These include, but are not limited, to:
- Local Environment Plan (LEP)
- Development Control Plans (DCPs)
- Codes and Guidelines
- S94 Plans Contribution
- Developer Servicing Plan
4.1 Local Environmental Plan (LEP)
The Local Environmental Plan provides a framework for planning decisions. It sets out land use zoning and development controls that enable Council to manage the way land is used.
4.2 Development Control Plans (DCP)
These provide comprehensive guidelines and planning controls for individual types of development and/or for particular locations in your local government area.
Tip: It is your responsibility to find out which plans, codes and guidelines apply to your proposal and to ensure that your proposal meets and/or addresses every requirement.
4.3 Codes and Guidelines
Council has a number of Codes and Guidelines to help ensure quality development. You need to refer to these Codes and Guidelines and follow them when preparing and designing any building work or renovations.
4.4 Where can you get these Documents
All documents referred to in this guide can be found on this website. You can also obtain copies from Council's Administration Building.
All DCP's, Codes and Guidelines are GST free. The fees quoted in Council's Fees and Charges schedule are revised annually.
4.5 Advice from Council Staff
4.5.1 General Advice
Our customer service staff can answer general enquiries over the phone, but more detailed or site specific enquiries will need to be referred to a Council Assessment Officer who can provide advice regarding:
- Relevant design guidelines and objectives - you need to know which Development Control Plans (DCPs) apply to your development (ask Council or check their website)
- Development Standards - you need to know how the Local Environmental Plan (LEP) affects your development, e.g. zoning, etc.
- Site constraints
- Exempt and Complying Development
- Heritage status
- Other approvals needed
- Building Regulations and Construction Certificates
- Other matters that you will need to consider when designing your proposal
Tip: You can apply online for a Section 10.7 (2 & 5) Certificate to confirm most of these details in writing.
If you would like advice about your proposal, Council offers a free Pre-Development Application Advice service with our experienced planning staff. This service is particularly useful if your proposal has specific issues or is complex.
To apply for this service you need to submit a Development & Pre-lodgement Enquiries form, found here. We will then phone you shortly after receipt of this form to arrange an appointment time to meet with you.
The actual plans and other supporting documentation required for your proposal will depend on the type of development proposed.
Council has prepared separate checklists that outline the specific requirements for each type of development. The checklist relevant to your proposal forms part of your development application. You must ensure you complete all relevant sections on the checklist. This will ensure you have all the plans and supporting documents needed to lodge your DA.
You may also need to complete Form No. 010 - Landscape Plan Checklist(PDF, 108KB). Refer to the Other Supporting Documentation later in this guide.
This is suitable for most developments that involve new buildings or structures, alterations, additions and subdivisions. This checklist is divided into sections, depending on development types as below:
- Single Dwellings, alterations & additions (swimming pools, garages, water tanks) – complete Sections 1, 2, 3 & 4
- Subdivision – complete Sections 1 & 7
- Dual Occupancy, Villas, Town houses and Residential Flat Buildings – complete Sections 1, 2, 3, 4 & 5
- Commercial & Industrial Development – complete Sections 1, 2, 4 & 6
- If your application is Integrated Development – also complete Section 8
If applying for a Construction Certificate from Council you must also fill out Section 9 for all the above development types excepting Subdivisions where you must fill out Section 10.
This is used when changing the use of an existing building, premises or land, eg changing the use of an existing shop from a real estate office to a convenience store or changing office space to a hairdressing salon. This checklist is also used for the first use (initial use) of a new premises.
This checklist is used if you propose to only demolish a building or structure at this stage. If you are proposing to demolish, then erect or alter a building or structure, there will be no additional requirements for the associated demolition, except for the inclusion of a description in the Statement of Environmental Effects.
This checklist is required if your DA is about erecting signage only. More information is also available from Council staff.
Tip: Some forms of signage do not require Council approval. Please contact Council for further advice.
The actual plans required for your proposal will depend on the type of development proposed and are listed in Form No. 004 - Development and Building Checklist(PDF, 328KB)
Compulsory Plan Information
On all plans submitted the following information is needed:
Include a title block showing:
- Name of person who drew the plans, eg architect or draftsman
- Plan number and date
- Amendment number and date (where appropriate)
- Applicant’s name
- Location and title description of the property
- Show the scale on every plan
- Draw the plan at a standard scale such as 1:100, 1:200 or 1:500
- Always draw a bar scale so that dimensions can be easily determined on photocopy reductions
5.2.1 How Many Copies?
The number of copies required is detailed in the Checklist. See the appropriate section for this information.
5.2.2 Site Plans/Site Analysis Plans
This plan should illustrate and analyse existing site conditions in relation to surrounding land and buildings. In addition to the Compulsory Plan Information shown above, the plans must include the following details:
- North point
- Street name and number
- Site dimensions
- Boundary setbacks
- Vehicular access
- All structures on site
- Adjacent building and properties
- Any trees:
- on the property
- on Council land adjacent to the property (ie nature strips)
- within 5 metres of the proposed development on any adjoining property
An example of a site plan is available in Section 9 of this guide.
5.2.3 Floor Plans
These plans must clearly illustrate the proposed floor plans. In addition to the Compulsory Plan Information shown above, the plans must also include the following details:
- Layout of proposed development
- Figured dimensions of proposed work
- Internal walls/partitions and room names for use
- Calculations of all existing and proposed floor areas
- Location of stairs and levels
5.2.4 Elevation Plans
These plans must clearly document the proposed buildings or works. In addition to the Compulsory Plan Information, the plans must also include the following details:
- Ground and floor levels for new dwellings/buildings and first floor additions
- Proposed pools showing section, pool fencing, heights and location of filters and pumps
- External finishes (colours and materials)
- Heights of any proposed building
Tip: In the construction and building industry most objects are too large to fit on paper if drawn at a scale of 1:1 (full size), so when drawn they must be reduced in scale by a fixed amount. Depending on the size of the building site plans are drawn at 1:500 or 1:200, floor plans are drawn at 1:100 or 1:50, elevations are drawn at 1:100 or 1:50.
5.2.5 Survey Plan
This plan is required for works located less than 500mm from site boundary. The plan (prepared by a registered surveyor) should show the exact location of existing buildings and other features on the site, preferably at a scale of 1:100 or 1:200. The plan should include the Compulsory Plan Information plus the following details:
- North point (true solar north)
- Position of all existing structures and easements
- Position of structures on adjoining land
5.2.6 Sediment and Erosion Control Plan
A Sediment and Erosion Control Plan (also known as a Soil and Water Management Plan) is the formal plan designed to control erosion and sedimentation on a building site. This plan illustrates how soil erosion can be minimised on the site.
Draw the plan to a standard scale and show the Compulsory Plan Information, plus the following details:
- Access points and access control measures
- Location and type of all sediment control structures
- Location of existing vegetation to be retained and undisturbed ground
- Any existing water courses or drainage
- Material stockpile areas, storage and control methods
Other details may be required, depending on the scale of the proposal and the specific requirements of the site.
Tip: Under the Protection of the Environmental Operations Act 1997, heavy fines may be imposed if a person allows soil, cement slurry or other building materials to enter the stormwater system.
5.2.7 A4 Notification Plans (Notifying Neighbours of Proposed Development)
You are required to provide 4 copies of your Site and Elevation Plans (reduced to A4 size paper) so Council can notify your neighbours of your proposed development.
5.2.8 Stormwater Concept Plan
For all new developments and alterations/additions that involve changes to stormwater drainage you need to submit a Stormwater Concept Plan to illustrate how stormwater runoff from your site will be managed. This must be drawn to scale of 1:100 and prepared by a qualified practicing Civil Engineer.
The method of stormwater management proposed will depend on existing site conditions such as the slope of your land and whether the property is on sand and if stormwater can drain to an absorption pit.
Tip: Think about your stormwater disposal as soon as you start your building design. It is essential you incorporate your drainage design in the initial design process.
5.2.9 Landscape Plan
Landscape plans may be required for your development type. If you are required to submit a Landscape Plan please refer to Form No. 010 - Landscape Plan Checklist(PDF, 108KB). The plans must detail the proposed landscaping for the site and must be prepared by a Landscape Designer. Draw the plan to a standard scale of 1:100 or 1:200 and show the Compulsory Plan Information, plus the following details:
- North point
- Calculation of soft landscaping and hard paved surfaces as a percentage of the total site area
- Finished surface levels, embankments and grades
- Proposed surface treatments and restorations (eg turf, paving, bank stabilisation, mounds, etc)
- Location of all existing trees over 3 metres high or with a girth of more than 300 mm at a height of 1 metre above the ground to be retained or removed, clearly indicating those you are proposing to remove
- Location of drainage pits, onsite detention basins, water storage tanks and overland flows
- Plant schedule – table of proposed planting (indicate species, pot size, location, numbers and mature height width
- Proposed fences and retaining walls (indicate height and material)
- Sections and elevations
- Construction details and specifications
- Maintenance program
Tip: You will need to check the DCP for your development type and other relevant Policies and Guidelines for any additional requirements for your Landscape Plan.
5.2.10 Subdivision Plan
This plan will clearly illustrate the proposed subdivision layout. The plan should be prepared by a Registered Surveyor and show the Compulsory Plan Information, plus the following details:
- Existing and proposed boundaries
- Relationship to existing roads and subdivision boundaries (show width of roads)
- Proposed boundary dimensions
- Proposed lot areas
- Proposed roads, pathways (indicate width)
- Proposed easements and rights of way
- Proposed public reserves, drainage reserves
- The proposed line of subdivision
- The numbering of each proposed lot
- Contours, water bodies, water courses, trees, buildings
5.3.1 What is a Statement of Environmental Effects?
A Statement of Environmental Effects (SEE) is a report outlining the likely environmental impacts of the development and the proposed measures to be taken to lessen this impact. The statement must address all the issues that are applicable to your proposal.
5.3.2 When is a Statement of Environmental Effects required?
All development applications require a Statement of Environmental Effects (SEE). Only a very brief SEE is required for proposals that are likely to have little impact.
5.3.3 What to include in a Statement of Environmental Effects
126.96.36.199 Description of Development
Details the proposed development. You should consider such things as:
- physical description of the building
- proposed building materials
- nominated colour scheme
- nature of use and
- details of any demolition.
188.8.131.52 Development Standards
If you are uncertain of the zoning of your land please contact Council Staff or visit the NSW Department of Planning and Environment's Planning Portal. To identify the provisions that apply to your lot please obtain a copy of Council’s LEP and DCPs to ensure your development proposal satisfies these requirements. Council’s LEP and DCPs can be viewed on the website or you can obtain copies from Council’s Administration Building. Fees may be applicable as per Council’s Fees and Charges.
184.108.40.206 Site Suitability
Show that the site is suitable for the proposed development. You should consider such things as:
- site constraints such as flooding, slope, bushfire and subsidence
- proximity to shops, community and recreation facilities
- compatibility with adjoining development
- compatibility with visual setting
- local planning objectives
- size and shape of allotment and
- age and condition of buildings.
220.127.116.11 Current and Previous Uses
Provide the following details:
- Previous use of the site
- Date when present use commenced
- Present use of adjoining land and
- A statement as to whether or not you are aware that the site is potentially contaminated.
18.104.22.168 Operational Details
For applications that involve a usage other than residential, describe how the establishment will operate.
- Type of business
- Number of staff
- Hours and days of operation
- Plant and machinery
- Production processes
- Fire safety measures
- Type and quantity of raw materials, finished products and waste products and
- Identify any proposed hazardous materials or processes.
22.214.171.124 Access and Traffic
Show adequate provision for access. You should consider such things as:
- Disabled access
- Pedestrian amenity
- Bicycle facilities
- Vehicle access to a public road
- On-site parking
- Parking calculations and
For major traffic generating proposals, attach a Traffic Impact and Assessment Report prepared by a Transport Consultant.
126.96.36.199 Context and Setting
This section describes how the proposed development will affect neighbouring properties privacy and views. The proposed development should not cause unreasonable overshadowing to adjacent properties. It describes how the proposal will not cause, or be affected by, air or noise emissions.
188.8.131.52.1 Visual Privacy
- Window placement relative to adjacent dwellings and common areas
- Views between living rooms and the private yards of other dwellings
- Use of screen plantings, walls or fences to improve privacy
- Floodlights and other light spillage
184.108.40.206.2 Acoustic Privacy
- Placement of active use outdoor areas relative to bedrooms
- Separation of roads, parking areas and driveways from bedrooms and living room windows
- Noise transmission between dwellings
- Measures taken to lessen external noise sources
Tip: Only a brief SEE is needed for proposals likely to have minor impact, eg internal alterations, minor building work.
- Impact of the proposed development on views from adjoining or nearby properties
- Design options for protecting views
- Views from the proposed development
Where lot size and orientation, slope of site or adjoining buildings create the potential for overshadowing, include a shadow diagram. The plan must illustrate the extent of shadows cast by existing and the proposed building, including buildings on adjoining land. The plan must be drawn to a suitable scale and show shadows cast by buildings at the winter solstice (22 June) from 9am, 12 noon and 3pm.
5.3.4 Environmental Impacts
220.127.116.11 Air and Noise
Show that the proposal will not cause, or be affected by, air or noise emissions. Include details of:
- Proposed air and noise mitigation measures
- Construction noise
- Operational noise
- Where noise is a major issue, attach a report by an Acoustic Consultant
18.104.22.168 Soil and Water
Show how the proposal will deal with all aspects of soil and water management:
- Water supply
- Sewage disposal
- Erosion and sediment control
5.3.5 Flora and Fauna
Show how the proposal will impact on existing flora and fauna and proposed landscaping.
A Heritage Impact Statement is required for any work to a heritage item or a building within a Heritage Conservation Area that requires consent under Council’s LEP. Where a Heritage statement is required it must be prepared by a suitably qualified heritage advisor/consultant.
If your proposed development adjoins a listed Heritage Item it will require assessment in relation to the impact of any proposed development on the heritage item.
Council can provide you with detailed advice on which requirements apply to your proposal.
Show how the proposal promotes waste minimisation “reduce, reuse, recycle”. All rural dwellings will also require submission of an application for approval to install an on-site sewage management system, including a site and soil assessment.
Details how the proposed development satisfies energy conservation and energy efficiency i.e. design, materials, solar lighting and heating, ventilation, shading elements, insulation and appliances. For residential development BASIX will cover this. For more information on BASIX refer to Section 5.4.6.
5.4 Other Supporting Documentation
5.4.1 Flood Advice
Council has identified a number of properties that may be affected by mainstream flooding and/or overland flows. This can affect the proposed floor level of your development/buildings and, in some cases, the building location. Properties that are affected will be required to obtain formal flood advice from Council. In some instances, you will need to complete an additional flood study prior to lodgement of DA.
5.4.2 Waste Management Plan
A Waste Management Plan must be provided for all works that involve construction, excavation, demolition and/or any works with an estimated cost of $50,000 or more. This plan details how you are going to dispose of the materials and waste generated during demolition and construction and, where appropriate, on-going waste management.
5.4.3 Listed Heritage Items
All proposed developments involving works or a change of use of a listed heritage item require a Heritage Impact Assessment prepared by a suitably qualified heritage consultant. This assessment must address:
- Historical development of the site
- Description of the item and its setting (eg garden, fences, ancillary buildings etc)
- Contribution to streetscape: height, scale, mass, setback, fenestration, architectural style and period
- Heritage significance (use State Heritage Inventory Criteria)
- Effect of proposal on the heritage significance of the building and its setting
- Design options and reasons for the preferred option
- Conservation principles in accordance with ICOMOS (Burra) Charter
Tip: General information about heritage is available from Council or on our website. Information is also available from the NSW Office of Environment and Heritage.
5.4.4 Soil Contamination Report
Council has identified properties which are or could be potentially contaminated. If your property has been identified and you are proposing any excavation, demolition or building works, you are required to submit a Preliminary Site Contamination Report prepared by a suitably qualified land contamination consultant with your DA. The NSW Environmental Protection Authority (EPA) can help you select an appropriate consultant.
Tip: If you want to check if your property has been identified as contaminated, or potentially contaminated, you need to contact Council. This information is only available free to owners of the land. All requests for contamination advice are replied to, in writing, to the property owner. Other parties can get this information by applying for a Section 10.7 (2&5) Certificate.
5.4.5 Traffic and Parking Report
Some development types will require a Traffic and Parking Report to assess the traffic impacts. The study should be undertaken in accordance with the Roads and Maritime Services' Guide to Traffic Generating Development and should include, but not be limited to, the following:
- Existing site conditions
- Route assignment, traffic flows & traffic generation (existing & future)
- Traffic safety
- Intersection performance and levels of service (existing & future)
- Construction traffic management concepts
- Access requirements for both cars & commercial/service vehicles
- Parking demand, proposed parking arrangements
- Provisions for movement of vehicles within the site, including dimensions
If you are unsure if your development type requires a Traffic and Parking Report please contact Council.
5.4.6 BASIX Certificate
A BASIX Certificate is required for all new dwellings, dual occupancies, multi-unit dwellings, alterations and additions over $50,000 or swimming pools (pool and spa) with a capacity greater than 40,000 litres.
The Building Sustainability Index (BASIX) is a web-based planning tool designed to assess the potential performance of residential buildings against a range of sustainability indices. A BASIX Certificate identifies the sustainability features required to be incorporated in the building design. These features may include sustainable design elements such as recycled water, rainwater tanks, AAA rated showerheads and taps, native landscaping, heat pump or solar water heaters, gas space heaters, roof eaves/awnings and wall/ceiling insulation.
You need a BASIX Certificate when BASIX applies to the type of development for which you require approval. Commencement dates and details of types of development can be viewed at https://www.planningportal.nsw.gov.au/planning-tools/basix.
The BASIX Certificate must be submitted with the Development Application or Complying Development Certificate application. The plans and specifications must also identify the BASIX commitments which will be checked by a professional building certifier during construction. Where submitted plans or specifications are inconsistent with the relevant BASIX Certificate, Council will require applicants to submit consistent applications before progressing the assessment process – either by amending plans/specifications or by submitting a new BASIX Certificate with commitments that match the rest of the application.
Applicants can generate the BASIX Certificate only on the NSW Department of Planning and Environment's BASIX website. For more information please phone the BASIX Helpline on 1300 650 908.
7.1 How do you Lodge your Application?
Applications MUST be lodged on the NSW Planning Portal www.planningportal.nsw.gov.au/ not with council.
Fees are calculated based on the estimated cost of the development (or the number of lots in the case of subdivision). Ask a Customer Service Officer to calculate the Development Application and other associated fees. Council’s application fees and charges are to be paid at the time of lodgement of your application.
7.2.1 Payment Options
- Cash or EFTPOS
- Credit facilities
7.3 After you lodge your Application
7.3.2 Public Notification
For most development applications, the public is notified that a development proposal has been submitted. This is to enable interested people to view the plans and submit comments to Council. Public Notification can include advertising Development proposals in the local newspaper and/or writing to adjoining neighbours with a copy of the Notification Plans provided (Refer also to Section 5.2.7 of this Guide). For more details of the Public Notification relevant to your application, contact the officer assigned to assess your application. The exhibition period is generally 14 days but for some types of development it can be 30 or more days.
7.3.3 If We Need Additional Information
If we need additional information to assess a Development Application, we will write to you detailing what is required. Please respond promptly to these requests as this will help avoid unnecessary delays in assessing your application.
7.3.4 Making Enquiries
You can phone the officer assessing your DA (referred to in your application acknowledgement letter) to find out how your application is progressing. When calling, please quote your DA number.
You can phone Council to book an appointment with the officer assessing your DA. When calling, please quote your DA number.
7.3.5 Reported to Council for Determination
Some DAs need to be referred to a Council meeting for determination. If your DA is being reported for determination by Council, we will contact you either by mail or phone to advise the details of the Council meeting.
You are able to address Council regarding your application in the Public Forum. Details on how to register for the Public Forum and registration forms are available on Council’s website or from our Administration Building.
7.3.6 Notice of Determination
After your application has been determined, you will receive a ‘Notice of Determination of Development Application’. The Notice will tell you whether Council has approved or refused your application.
If your application is approved, the Notice will give details of any Conditions of Consent and the reasons for those conditions. It will also tell you when the consent becomes effective and when it will lapse.
If your application is refused, the Notice will give the reasons for refusal. It will also explain your right of appeal/review to Council or the Land and Environment Court.
7.3.7 Conditions of Consent
If your Development Application is approved, you must ensure the development is carried out in accordance with the stated conditions. One of the Conditions of Consent will be that the development must commence within a set time frame.
You cannot alter or vary the development (or the way in which it operates) unless the terms of the consent are modified.
It is important you read, and fully understand, all the Conditions of Consent. If you have any queries, please contact the assessing officer.
7.3.8 Section 7.11 Contributions
Your Notice of Determination may include Section 7.11 Contributions. This is a condition requiring a payment toward the capital cost of providing community facilities such as open space, car parking, etc.
Section 7.11 Contributions are determined in accordance with a Contributions Plan. The plan sets out the circumstances in which a contribution is charged, the formulae for calculating them and the program of works on which the funds will be spent. You can view a copy of the relevant Contributions Plan at Council’s Administration Building or on this website. All Section 7.11 contributions are held in trust and must not be used for any other purpose.
7.3.9 Disagree with your notice of Determination?
If you are dissatisfied with the determination of your Development Application, contact Council immediately so we can clarify issues and discuss your options. Options available to you include:
22.214.171.124 A Review of Determination of Your Application
A review cannot be made for State Significant Development, Complying Development, Designated Development or Integrated Development. A request for review can only be made once for each determination and the request must be received and determined by Council within 12 months of the date shown on your Notice of Determination.
Requests for review relate to the entire determination and may result in Council overturning its previous decision. If you do not wish to risk the previous approval but would like to have a condition/s of consent reviewed, you should make an application to modify your Development Consent under Section 4.55 of the Environmental Planning and Assessment Act.
126.96.36.199 A Modification of Development Consent
You must pay a modification fee (generally 50% of the original application fee). This option may be appropriate if you disagree with particular conditions of consent or decide to change any aspects of the proposal. If unsure, ask Council for details.
Please note: An application to modify a Development Consent cannot be used to propose anything new. The development must remain substantially the same as the original development proposal.
188.8.131.52 An Appeal to the Land and Environment Court
An appeal must be commenced within 12 months of the date of the determination. Before proceeding to a Court hearing, the Court may arrange a mediation conference if this is acceptable to both parties.