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Application Quality and Amendments

Lodgement

Lodgement Officers will review applications and checklists provided at the pre-lodgement stage to ensure completeness prior to accepting applications for lodgement.

For electronic lodgement, detailed guidance will be available on the website about the specific requirements and specifications (see DA Matrix and DA Guide Requirements).

As part of the Duty Planning Service the officer is required to check Development Applications, modification applications and applications for review to ascertain if all necessary information is provided. 
 

Rejected Applications

Applications that are unclear, illegible or fail to provide required information as per Schedule 1 of the Environmental Planning and Assessment Regulation 2000 or Council’s DA Matrix and DA Guide Requirements will be rejected pursuant to Clause 51 of the Environmental Planning and Assessment Regulation 2000. An application that has been rejected is taken to have never been made all documentation submitted and fees paid to Council will be returned to the applicant and fees will be refunded.

Full application fees as calculated by Council are required to be paid at this stage, applications failing to provide fees as required by the Environmental Planning and Assessment Regulation 2000 are not deemed to have been lodged and will not be accepted – these applications will be returned and not processed.
 

Amendments to Development Applications, Building Information Certificates, Complying Development Certificates, Construction Certificates, Hoarding & Anchor Applications

Should applications be found to be deficient once assessment has commenced or design changes are required to enable the application to be supported, provision will be made for one set of amended documentation / further information to be provided.

Amended documentation / further information will be required to be submitted within specified time periods or the application will be determined on the information at hand which will likely lead to the refusal of the application. The time periods for applications shall be specified as follows:

  • 14 days for commercial fit outs, subdivisions and BCA Class 1 & 10 developments
  • 28 days for all other development types

By limiting requests for further information, distractions within the assessment process will be reduced and the process streamlined overall.

Amendments to s4.55 & s4.56 EPA Act 1979 Modification to Consent Applications

In accordance with the decisions of the NSW Court of Appeal in AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2021] NSWCA 112 and the NSW Land & Environment Court in Duke Developments Australia 4 Pty Limited v Sutherland Shire Council [2021] NSWLEC 69 Council has no power to accept modified plans or amended documentation following lodgement of an application. Modifications to Development Consent Applications made to Council under s4.55 & s4.56 EPA Act 1979 will be assessed and determined based on the information lodged.

Please note:

  • that the acceptance of an amended plan / documentation / application is at the sole discretion of Council’s Delegated Officers under Clause 55 of the Environmental Planning and Assessment Regulation 2000
  • that Council will not accept any amended plans following the publishing of a completed assessment report on a Panel Agenda (e.g. Local or Regional Planning Panel)
     


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