A Development Application (DA) may be required before you make changes to a building or occupy premises in the local area, unless it is regarded as minor or small scale.
Development in NSW is regulated by the Environmental Planning and Assessment Act 1979 (the "Act") and Environmental Planning and Assessment Regulation 2000. The Act defines 'development' as:
- use of land
- subdivision of land
- erection of a building
- carrying out of work
- demolition
- any other matter controlled by an environmental planning instrument.
If your proposal falls within the definition of 'development', it must comply with the requirements of the Act.
When approving a DA, we consider:
- Any submissions
- How the development will affect the local area
- Relevant planning controls and conditions
- Public interests
- Suitability of the site
To receive approval, you must
lodge a DA with Council using Council's
Development Application Guide and reviewing the
Electronic Lodgement of Development Application Fact Sheet.
Before you start your development application, contact
Duty Planner for advice on:
- Exempt and complying development
- An explanation of Council’s planning controls
- What information will need to be submitted with your Development Application
- Other matters you will need to consider when designing your proposal.
Exempt and Complying Development
Exempt Development – consent not required (self-assessment)
If your proposal meets all the relevant criteria for exempt development set out in the relevant planning instruments, then consent is not required. This is a self-assessment and the onus is on the person doing the work to ensure the criteria is met. Exempt development are minor works such as a small deck, fencing or kitchen renovations may not require development consent.
The majority of exempt development is set out in:
With the exception of different types of infrastructure including electricity generating works or solar energy systems (photovoltaic panels), which are set out in:
There are also some exempt development provisions in the following planning instruments.
- Hurstville Local Environmental Plan 2012
- Kogarah Local Environmental Plan 2012
A proposed development will only be considered exempt if it satisfies all of the relevant criteria stipulated.
Complying Development – Consent required (approval in 20 days or less)
Building a new house or extension, adding a pool or granny flat may be eligible for a fast approval from Council or accredited Certifier. The majority of complying development is set out in:
With the exception of different types of infrastructure including electricity generating works or solar energy systems (photovoltaic panels) which are set out in:
If you believe your proposal meets the criteria set out for complying development, you will need to lodge an application and obtain a complying development certificate (CDC). An application for a CDC can be lodged with either a local council or a private accredited certifier. Council's Building Certification team can assist you should you have any questions in relation to complying development. Council has complying development service whereby our Accredited Certifiers can confirm whether a proposal is Complying Development or requires a Development Application.
A copy of Council's Development Application Guide is available here
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