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Step 9 - Assessment and determination of your application

Council is required to take into account matters for consideration contained in Section 4.15 of the Environmental Planning and Assessment Act 1979 when assessing Development Applications. These following matters are included:
 

Any Environmental Planning Instrument

These are important statutory controls for development an include the Georges River Local Environmental Plan 2021 and State Environmental Planning Policies.  These plans set out the types of development that are permitted and they key development standards including building height and floor space ratio.
 

Any Draft Plan that has been Placed on Public Exhibition

Council sometimes reviews its statutory controls. During any review, Council is required to ensure that development proposals are not only consistent with existing controls, but the also the future planning intentions of Council and the community as indicated in draft Local Environmental Plan.
 

Any Development Control Plan (DCP)

Council’s Development Control Plans are designed to provide more detailed guidance for various types of proposed development and often contain requirements that seek to control the impact that your development might have on a neighbour's property. You should review the parts of the DCP that are relevant to your proposal and demonstrate how you satisfy the requirements within in your Statement of Environmental Effects.
 

The Significant Likely Impacts of the Development

This consideration requires Council to assess how your development responds to its surrounding natural and built environment and, in particular, how it relates to the character of the neighbourhood. 

 

The Suitability of the Site for the Development

This consideration requires Council to assess your development against constraints that may affect the development potential of certain sites such as natural hazards including flooding or land subsidence, significant trees or threatened species, the effect of heritage listings, transport demands, and availability of open space and recreation areas.
 

Any Submissions made and the Public Interest

Council notifies Development Applications in accordance with the requirements of the Environmental Planning and Assessment Act 1979, the Statewide Community Participation Plan 2026, and Council's Community Engagement Strategy.  If an application is notified, Council will consider any submissions received during the notification period when making it's determination of the development application.

  • Amended Plans

    If your plans are found to be significantly deficient or have major non compliances with the development standards in our planning instrument we are unlikely to accept amended plans.  We will help you to achieve a satisfactory development but there are some cases where the acceptance of amended plans will hold up the process and be unlikely to achieve a satisfactory outcome.

    It is much better if you carefully check your plans before they are lodged to ensure they comply with our requirements.

  • Determining your DA

    After your application has been assessed by one of our assessment officers, it will be determined by either a staff member under delegated authority, the Georges River Local Planning Panel or the Sydney South Planning Panel.

  • 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 your application has been approved or refused.
     
    If your application is approved, the notice will list all conditions of consent and reasons for those conditions.  It will tell you when the consent becomes effective and when it lapses.
     

    Deferred Commencement

    If your development application includes a deferred commencement condition you must: 

    1. Satisfy the deferred commencement conditions. A further application or certification may be necessary.

    2. Submit a request for operational consent before the development starts.

    3. Council will then review your application.

    4. If conditions have been met, you will receive your operational consent notification. You cannot undertake any other work or action until we are satisfied that the deferred commencement condition has been met. 

    The process for requesting operational consent is outlined below.
     

    Request operational consent

    If your DA was lodged on the NSW Planning Portal:


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    Step

    Details

    Step 1: Meet your deferred commencement conditions

    You must meet the deferred commencement conditions listed on a deferred development consent.
    You may be required to:

    • Submit more information.

    • Submit another application or certificate.

    • Have a report prepared for review.

    Once you receive an approval, certificate or confirmation the condition/s have been met, you can move to Step 2.  

    Step 2: Request an operational consent on DA

    Step 3: Council review

    		 We will review the information to ensure all deferred commencement conditions have been satisfied.

    A review fee is payable. Please contact Customer Service on (02) 9330 6400 after you have submitted the information.

    You will receive operational consent notification on the NSW Planning Portal. 

    The consent is now operational.

     

    If your DA was not lodged on the Portal:

    Step

    Details

    Step 1: Meet your deferred commencement conditions

    You must meet the deferred commencement conditions listed on a deferred development consent.
    You may be required to:

    • Submit more information

    • Submit another application or certificate 

    • Have a report prepared for review.

    Once you receive an approval, certificate or confirmation the condition/s have been met, you can move to Step 2.  

    Step 2: Request an operational consent on DA

    Email mail@georgesriver.nsw.gov.au to request an operational consent. Include:

    • Development application number.

    • Attach supporting documents.

    Step 3: Council review

    		 We will review the information to ensure all deferred commencement conditions have been satisfied.
    A review fee is payable. Please contact Customer Service on (02) 9330 6400 after you have submitted the information.
     
    You will receive operational consent notification by email. 

    The consent is now operational.
     

    Refusal

    If your application is refused, the notice will give the reasons for refusal.  The notice will also explain your right of appeal to the Land and Environment Court.

  • Conditions of consent

    If your application is approved you must ensure that the development is carried out in accordance with the conditions of consent. You cannot alter or vary the development (or the way it operates) unless the terms of the consent are modified.

    Section 4.55 of the Environmental Planning and Assessment Act allows for modification of development consent. Separate application documents for a Section 4.55 modification are available from council. We suggest that you contact us before lodging a section 4.55 application.

  • Lapsing of consent

    Development consents are usually valid for 5 years.

    The lapse date is listed on your development consent. If your consent lapses you must lodge a new application.

  • Request an extension

    If your consent has a lapsing date of less than 5 years, you can request an extension. Extensions cannot be granted once a development consent has lapsed.

  • Surrender of consent

    If you have an active development consent and no longer wish to proceed with it, you may surrender the consent to council. Council may also require the surrender or modification of a consent as part of another consent.

  • Developer contributions

    Your notice of determination may include a developer contribution, requiring a payment towards the capital cost of providing community facilities such as open space or community facilities. 

    Developer contributions are levied where council can demonstrate that your development will increase the demand for these facilities and are determined in accordance with our Developer Contribution Plans.  This sets out the circumstances in which a contribution can be imposed, the formula for calculating the contributions and the program of works on which the contribution is to be spent.

    All developer contributions are paid into a special account. They cannot be used for other purposes.

  • Subdivision work and Construction certificates

    If your proposal involves building or subdivision works, you will need a construction certificate before you start work. This application will include detailed building plans, specifications and engineering drawings.  You will be able to apply for this either to council or an accredited certifier.  You must also appoint a Principal Certifying Authority, and notify us in writing before you start any construction or subdivision work.

    The Principal Certifying Authority is responsible for issuing certificates relating to the project and for monitoring compliance with the development consent during the building or subdivision works.

    Your proposal may also need an approval or licence from another government agency. It is your responsibility to obtain any necessary approval or licence before you start your development.

    Contact council's Certification Services for assistance.



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