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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.

  • Amending an Application

    If Council writes to you after lodging your application, you may be able to amend your application, and the information supporting it within a specified timeframe.  Council is not required to allow an application to be amended and will only accept an amendment in circumstances where it is felt minor amendments may result in a positive outcome.  Council may determine an application without writing to you if your application is significantly deficient.

  • Determining your DA

    After your application has been assessed, it will be determined by Council Staff under delegated authority or the Georges River Local Planning Panel where Council staff do not have delegation. Your application will be determined in one of the following ways:

    • Approval (subject to conditions); or
    • Deferred Commencement; or
    • Refusal.
  • 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.

  • 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 developer contributions, requiring a payment towards the capital cost of providing community facilities such as open space and infrastructure associated with the increase in demand caused by your development.  Developer Contributions are levied in accordance with Section 7.11 and 7.12 of the Environmental Planning and Assessment Act 1979, and Council's Local Infrastructure Contributions Plan 2021.

     

  • Subdivision work and Construction certificates

    If your proposal involves building or subdivision works, you will need a construction certificate or Subdivision works 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.

    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 Building Certification Team for assistance.



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