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Development application steps

Planning & Development / Apply / Development application steps

Development application steps

Why the complexity?

Development applications are complex because there is not one single document that can define development provisions for a property. Development applications must cover a range of social, economic and environmental issues.

Exempt and complying development

If your development is low impact you may not need development consent, or you may be able to lodge a less complicated application, with a faster approvals process. Go to Council’s Exempt and Complying Development web page for more information. 

Local, integrated and designated development

Council issues consent for all development (except exempt development) not deemed of state significance. Complying Development Certificates can also be issued by a Private Certifying Authority.

  • The majority of applications in the Bega Valley Shire come under the local development category
     
  • A development becomes a designated development if the proposed works relate to industrial, agricultural and waste management industries that have significant potential environmental impact. Designated developments require the preparation of an environmental impact statement and need input from the Department of Planning and Infrastructure.  Early consultation with Councils Development Advisory Panel is recommended for all designated developments.  For more information go to Schedule 3 of the Environmental Planning and Assessment Regulation 2000
     
  • A proposal is known as integrated development if you need development consent and one or more approvals from another government body. For example subdivision of land that is mapped as bushfire prone must also have a permit issued by the NSW Rural Fire Service.  For more information on other approvals needed go to Clause 91 of the Environmental Planning and Assessment Act 1979. There are additional fees for integrated development.  Go to Council’s Fees and Charges page for more information.

Important steps in lodging a development application

  1. Determine what development is allowed on your land

Ask Council for a Planning Certificate (Section 149 Certificate) to establish what development is permissible on your property and to understand what potential constraints there may be. The zoning classification of any land will provide guidance on what land use is permitted. A planning certificate will also detail what other planning controls may apply to the property. The property may be in a bushfire risk or coastal hazard zone, or heritage listed. 

  1. Determine what type of development you are applying for

Development advice is available from Council’s Development Specialist. Also Bega Valley Shire Council’s Development Advisory Panel provides pre-lodgement advice to people, groups or companies intending to carry out major and/or complex development within the Bega Valley Shire. 

  • Contact Council to arrange a meeting with the Development Specialist or the Development Advisory Panel. You can phone Council on 02 6499 2222.
  1. Read Council’s Application Guidelines along with the Matrix and the application form

The Application Guidelines will help you understand and fill out the development application form.

  • Application Guidelines: The guidelines do not need to be filled out, but should be read alongside the development application form and the Matrix.
  • IMPORTANT NOTE:  Council is currently reviewing the Application Guidelines document.  Please note that from 1 March 2017, Council only requires:

    • ONE (1) hard copy of A3 size plans; and
    • ONE (1) hard copy of all other supporting documents; and
    • an electronic version of the plans (ie USB, disk or email of plans/reports)

    Please contact Council’s Customer Service Team on 02 6499 2222 should you have a specific enquiry regarding the number of hard copy  plans required for your particular development

  • Matrix: The Matrix is an important guide to the supplementary information that needs to be submitted with your application. The application guidelines then provides further information about how many copies of plans, drawings and reports will be required.
  • Development Application Form: The application form needs to be filled out by anyone seeking a Complying Development Certificate, Construction Certificate or consent for a local, integrated or designated development.
  1. Prepare the application

Development applications require detailed and accurate plans, reports and drawings. Many people employ professional consultants such as designers and draftspeople to save time and money in the long term. As well as the application form and the matrix most applications will also include:

You will also need to employ professionals to act as the principal certifying authority (if Council is not going to be nominated in this role).

  1. Talk to neighbours

Prior to formal public notification Council encourages anyone considering development to discuss the proposal with neighbours. This may allay any concerns about the development at an early stage – and even lead to compromise before objections are made officially.

  1. Submit the application

Your application can be sent to Council via mail, or lodged in person. On lodgement all documentation will be required. A thorough check that all required material is included in the submission will save time later.

Lodgement fees are also due at this time. If you have all required information a development application number and receipt will be provided.   If you need a fee quote for your application, please call Councils Customer Service Centre on 6499 2222 and a quote will be prepared for you.

  1. Assessment of the application – post lodgement

A development application generally takes up to forty days to determine. An important part of the process is the notification of adjoining and adjacent owners. This is completed by mail out and can also be advertised in local newspapers. Where there is an objection the application may take longer to determine and may need to be heard by the elected Council. Once the development approval has been given a Construction Certificate will be needed before any work starts and the Conditions of the Development Consent adhered to. Check if the conditions of development consent state that Section 94 Developer Contributions apply. Go to Council’s Development Contributions page for more information. 

  1. Decision made

Determination issued -either a refusal, granted with conditional approval or deferred commencement.

  1. Right of review

All applicants have the right of review via S.82A for development applications or S.96AB for modifications under the EP&A Act 1979.  S.97 of the Act also permits some appeals to the Land and Environment Court.  There are timeframes in which reviews and appeals may be lodged and details are provided on your Notice of Determination.  For additional information go the Land and Environment Court website.


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