Guide to Development Applications

Introduction

     1.1 About this Guide

This Development and Building Guide was compiled by Wellington, Blayney and Cabonne Councils as part of a WBC Alliance Project in 2008.  The Guide has been prepared based on information as detailed in the Environmental Planning and Assessment Regulation 2000.  This Guide does not necessarily cover all required information for all development types, if Council requires anything further we will contact you.  The guide explains how to prepare a Development Application and apply for a Construction Certificate.  Please read the guide completely before you proceed.  The information and tips will help you avoid potential pitfalls.

Council regulates building and development - commercial, industrial and residential - on behalf of the community. Each Development Application is assessed on its merits, using Development Control Plans and other relevant policies.

Council consent for most types of development is required by law, under the NSW Environmental Planning and Assessment Act 1979. In most cases, a Construction Certificate must also be obtained before building and development begins.

“Compliance with this guide does not mean your Development Application will be approved.”

To enable a speedy and efficient assessment of your application we strongly recommend that you:

  • Consult the Environmental Services Department at Cabonne Council before lodging an application, to determine your proposal’s specific requirements.  The Officers at Council’s Administration Building can advise you on relevant planning and building controls and provide preliminary advice on your proposal. You can contact Council on (02) 6392 3200 or by visiting 99 - 101 Bank St, Molong. To make an appointment please complete Form No. 001 – Pre-Development Application Advice(PDF, 247KB) and return to Council;
  • Ensure your application is fully completed and includes all the details, plans and documentation required.

What is a Development Application (DA)?

A Development Application (DA) is a formal request for permission to develop.

     2.1 Do you need to lodge a DA?

You need to lodge a DA if you propose to do any of the following:

  • Erect a new building or structure – including dwellings, garage/carport, shed, swimming pool, retaining walls, etc.
  • Add to or alter an existing building
  • Demolish a building
  • Demolish, damage or alter a building or place that is a heritage item or that is within a heritage conservation area
  • Subdivide land or strata, subdivide a building
  • Carry out earthworks, excavation or filling
  • Change the use of an existing building, premises or land – eg changing the use of an existing shop front from a real estate office to a convenience store or changing office space to a hairdressing salon
  • Display an advertising sign

Tip: There are some minor works that do not require a Development Application. If you need any information or advice on this, please contact Council.

     2.2 What you need to Start

Compulsory:

Optional:

These documents detail all the information you need to submit to enable Council to assess your application.

Follow these steps (each step is explained in this guide)

  1. Determine the type of Application and Development
  2. Ask Council about Land Use Controls, Policies and Guidelines
  3. Provide Plans, Statement of Environmental Effects and other supporting documentation required for DA lodgement
  4. Complete the Development Application form and checklist
  5. Lodge the completed application and pay the appropriate fees

Tip: Council's Planning Controls, Policies, Guidelines and all Council forms are available on this website.

Step 1 - Determine Type of Application & Development

     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 filling out Form No. 001 - Pre-Development Application Advice(PDF, 247KB) 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
  • Carport
  • Change of Use
  • Commercial Development
  • Demolition
  • Dual Occupancy
  • Extensions
  • Garage
  • Industrial Development
  • Mixed Use Development
  • Residential Flat Building
  • Shed
  • Single Dwelling
  • Subdivision
  • Swimming Pool
  • Town House
  • Villas

         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.

Step 2 - Ask about Land Use Controls, Policies and Guidelines

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.

         4.5.2 Advice

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 Form No. 001- Pre-Development Application Advice Form(PDF, 247KB) and associated documents to Council. We will then phone you shortly after receipt of this form to arrange an appointment time to meet with you.

Step 3 - Checklists, Plans, Statement of Environmental Effects and Other Supporting Documentation Required for DA Lodgement

The actual plans and other supporting documentation required for your proposal will depend on the type of development proposed.

    5.1 Checklists

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.

          5.1.1 Form No. 004 - Development and Building Checklist(PDF, 328KB)

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.

          5.1.2 Form No. 007 - Change of use Checklist(PDF, 112KB)

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.

         5.1.3 Form No. 008 - Demolition Checklist(PDF, 108KB)

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.

         5.1.4 Form No. 009 - Advertising Signs Development Application Checklist(PDF, 131KB)

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.

    5.2 Plans

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:

Title Block

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

Scale

  • 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:

  • Contours
  • 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 Form No. 003 - Statement of Environmental Effects(PDF, 192KB)

          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

              5.3.3.1 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.

               5.3.3.2 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.

               5.3.3.3 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.

               5.3.3.4 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.

               5.3.3.5 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.

               5.3.3.6 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.

               5.3.3.7 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.

                    5.3.3.7.1 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

                    5.3.3.7.2 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.

                    5.3.3.7.3 Views

  • Impact of the proposed development on views from adjoining or nearby properties
  • Design options for protecting views
  • Views from the proposed development

                    5.3.3.7.4 Overshadowing

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

               5.3.4.1 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

               5.3.4.2 Soil and Water

Show how the proposal will deal with all aspects of soil and water management:

  • Water supply
  • Sewage disposal
  • Drainage
  • Flooding
  • Erosion and sediment control

          5.3.5 Flora and Fauna

Show how the proposal will impact on existing flora and fauna and proposed landscaping.

          5.3.6 Heritage

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.

          5.3.7 Waste

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.

          5.3.8 Energy

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.

Step 4 - Completing the Application Form

Below is more information about the questions on the Application Form that may need further clarification.

     6.1 Form No. 002 - Application Form(PDF, 151KB)

          6.1.1 Part A - Application Details

              6.1.1.1 Type of Application

Development Application - Please refer to Section 2 of this guide for information on DA's.

Construction Certificate - Please refer to Section 8 of this guide for information on Construction Certificates.

Complying Development - Complying development is routine development, which can be certified entirely as complying with predetermined standards.  Separate complying development procedures provide a faster system for assessing development.  Complying development is listed in local plans

S68 Approval - Is an activity listed under Section 68 of the Local Government Act 1993. For further information please refer to Section 6.1.7 of this guide.

             6.1.1.2 Description of Development

Provide a brief but definitive description of your proposed development or use. A detailed description of your proposal should be provided in your Statement of Environmental Effects (Form No. 003 - Statement of Environmental Effects(PDF, 192KB)).

          6.1.2 Part B - Property Details

The Assessment No./Lot/Section/DP Numbers can be found on the Certificate of Title or Rates Notice for the land.

          6.1.3 Part C - Applicant Details

The applicant must sign the declaration. If there is more than one applicant all signatures are required.

          6.1.4 Part D - Owners Consent

We are not able to accept your Development Application without the full consent of all landowners.

  • If there is more than one landowner, every owner must sign
  • If the owner is a company or owners’ association, the application must be signed by an authorised person
  • If you are signing on the owner’s behalf as their legal representative, you will need to state your legal authority (eg Power of Attorney, Executor, Trustee) and attach evidence of this authority

          6.1.5 Part E - Proposed Development

Please tick a box which best identifies your type of proposed development.  It your proposal type is not listed then please specify.

          6.1.6 Part F - Integrated Development

Under the planning laws, you must indicate on the application form whether you need approval from another Government Agency specified in the Environmental Planning and Assessment Act 1979. Refer to Section 3.3 of this Guide for more information on types of applications.

          6.1.7 Part G - Section 68 Approvals

This section allows you to apply for approval from Council for an activity listed in Section 68 of the Local Government Act 1993. If your development proposal requires a Section 68 approval (eg septic system) you may apply for this at the same time as lodging your DA.  An additional fee may apply.

Tip: Approval is not required for the installation of domestic grey water diversion that is done in accordance with Section 75A of the Local Government (General) Regulation 2005.

          6.1.8 Part H - Statement of Environmental Effects (SEE's)

Please refer to Section 5.3 of this guide for information on SEE's.

         6.1.9 Part I - Proposed Subdivision

Torrens Title is a form of land ownership where the land holdings are registered with the State, and can include records for easements and mortgages.

Strata Title is a form of ownership for multi-level apartment blocks, which are composed of individual lots (eg apartments and garages) and common property (eg stairwells and driveways)

Community Title is a scheme similar to Strata Title and land is owned and managed by a body corporate made up of all of the lot owners in the scheme.

You are also required to submit a Subdivision Plan please refer to Section 5.2.10 for further information.

          6.1.10 Part J - Construction Certificate

Construction Certificates can be issued for either Building or Engineering works.  Engineering works include water, sewer and civil infrastructure.

Please refer to Section 8 of this guide for information on Construction Certificates.

          6.1.11 Part K - Appointment of Principal Certifying Authority

Appointment of Council as the Principal Certifying Authority means you authorise Council to conduct the necessary inspections which results in the issuing of an Occupation Certificate.

Alternatively you may appoint an accredited private certifier to conduct the necessary inspections.

         6.1.12 Park L - Builder or Owner/Builder Details

This section is required to be filled out if applying for a Construction Certificate.

If you are applying to be an owner builder please refer to the Office of Fair Trading.

Owner-Builders Course - If the value of the proposed building work is over $12,000, then you must complete an approved owner-builder course or provide evidence that you have a qualification that is listed in Fair Trading’s brochures titled Approved Equivalent Qualifications.

Owner-Builders Permit - If the value of the work is less than $12,000 but above $5,000, then you must still obtain a permit but are not required to complete the owner-builder course.

          6.1.13 Part M - Particulars of Proposal

This Part must be completed when applying for a Construction Certificate.

         6.1.14 Part N - Disclosure Statement of Political Donations and Gifts

On 1 October 2008, the Environmental Planning and Assessment Act 1979 changed to require the disclosure of donations and gifts, when making planning applications or submissions in respect of planning applications.  These changes are designed to increase the transparency of the planning process.

A disclosure statement is required for a Development Application, an Environmental Planning Instrument, Development Control Plan or Development Contributions Plan if:

  • Political donations of $1,000 or more (or smaller donations totalling $1,000 or more); or
  • Gifts as defined by the Election Funding and Disclosures Act 1981

made in the two years prior to your application or after lodgement of your application by you or any person who has a financial interest in the application to a councillor or council employee.  If the donation takes place after lodgement a disclosure statement must be sent to the relevant consent or approval authority within 7 days.

A person with a financial interest may include an applicant, landowner, or someone who will obtain a direct financial gain from the application.  The new laws do not apply to people seeking a complying development certificate.

For further information refer to the Department of Planning and Environment.

If you answer Yes then please fill out Form No. 005 - Disclosure Statement of Political Donations and Gifts(PDF, 78KB).  This Disclosure Statement will be made publicly available by Council.

          6.1.15 Part O - Complying Development

You must select the planning instrument you are seeking approval under.  For further information on what is a Planning Instrument please refer to Section 4 of this guide.

          6.1.16 Part P - How do we get to your property?

Council will need to conduct a site visit of your property as part of the assessment process.  Please provide clear directions to your property to ensure that your application is not unduly delayed.  You may choose to draw a mud-map showing streets and key landmarks or simply list directions.

Step 5 - Lodging the Development Application

    7.1 How do you Lodge your Application?

You can lodge your application in person at Council’s Administration Building at 99 - 101 Bank St, Molong NSW 2866

Alternatively, you may send your completed application (Development Application form, relevant checklists, plans, Statement of Environmental Effects and other supporting documentation and fee) to Council by mail to PO Box 17, Molong NSW 2866

If any parts of your application are incomplete, it will not be accepted and will be returned to you with your payment.

     7.2 Fees

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

  • Cheque
  • Cash or EFTPOS – only for applications lodged in person
  • Credit facilities

    7.3 After you lodge your Application

         7.3.1 Acknowledgement

After you have lodged your application, you will receive written acknowledgement that it has been received.  This letter will include your Development Application number and the name and contact details of the officer assigned to assess 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

               7.3.4.1 Phone

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.

              7.3.4.2 Appointments

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.  To do this, you must submit Form No. 011 - Modification of a Development Consent(PDF, 111KB).

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:

               7.3.9.1 A Review of Determination of Your Application

If you wish to request a review of your determination of your application you must complete Form No. 012 - Review of Determination Application(PDF, 79KB) and pay the required fee.  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.

               7.3.9.2 A Modification of Development Consent

You must complete Form No. 011 - Modification of Development Consent(PDF, 111KB) and attach justification for the proposed modification and plans indicating proposed modification or changes.  You must also 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.

               7.3.9.3 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.

What is a Construction Certificate?

Any building, structural or civil work requires a Construction Certificate as well as development consent. A Construction Certificate certifies that your development complies with the Building Code of Australia (BCA), and that your plans and specifications are consistent with the development consent.

     8.1 When is a Construction Certificate Required?

A Construction Certificate (CC) is required before work commences, and can be issued by Council or obtained from a private accredited certifier. A CC cannot be issued for retrospective works. We recommend you lodge the Construction Certificate application with Council, together with your Development Application, as we are able to meet specific customer needs and, in many cases, Council can offer a discount when the DA and Construction Certificate is lodged concurrently. Also, for some minor work, we may be able to issue your Construction Certificate at the same time as approving your DA.

     8.2 How do I apply for a Construction Certificate?

Tick the Construction Certificate check box on Form No. 002 - Application Form(PDF, 151KB) and complete Form No. 004 - Development and Building Checklist(PDF, 328KB) and pay the relevant fees.

     8.3 What information is required when applying for a Construction Certificate?

The information required when applying for a CC depends on your type of development.  Please refer to Form No. 004 - Development and Building Checklist(PDF, 328KB) to see what is required for your development type.  

Examples

    9.1 Site Analysis Plan

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