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What Type of Approval Do I Need?

Within Blayney Shire, depending on the type of development. Many types of minor home renovations and small building projects such as the erection of a carport or garden shed don't need a planning or building approval. These types of projects are called exempt development. As long as the building project meets specific development standards and land requirements, no planning approval is needed.

Other straightforward, low impact residential, commercial and industrial developments that do require planning approval may qualify for a fast-track approval process known as complying development. If the application meets specific standards and land requirements a Complying Development Certificate (CDC) can be obtained through your local Council or an accredited certifier without the need for a full development application.

Notwithstanding, many types of development require a combination of the below approvals. If you are unsure what you need to apply for, feel free to fill out a pre-planning enquiry to get tailored advice regarding planning controls within our Shire and the types of approvals you will require for your development.
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Blayney Development Process

You do not need planning or construction approval for many minor renovations and low-impact works (exempt development). Council approval is not needed if your project meets specific development standa ... More details can be found on the Exempt Development page.

A Development Application (DA) is an application for development approval that requires consent under the Environmental Planning and Assessment Act 1979 (EP&A Act). A DA is an application for consent to carry out a proposed development (New dwelling, alterations and additions to an existing dwelling, shed, swimming pool etc.). More details can be found on the Development Application (DA) page.

Complying development is a combined planning (DA) and construction (CC) approval for straightforward development that can be determined through a fast-track assessment by a Council or an accredited certifier. Complying development applies to homes, businesses and industry and allows for a range of things like the construction of a new dwelling house, alterations and additions to an existing house, new industrial buildings, demolition of a building, and changes to a business use. More details can be found on the Complying Development Certificate (CDC) page.

A Modification Application is a request to modify an existing approved DA. More details can be found on the Modification of Development Application page.

Before you physically start any building or construction work, you will need to apply for a CC to go with your DA approval. This certificate confirms that the construction plans and development specifications are consistent with the development consent, and comply with the Building Code of Australia and any other council requirements. The National Construction Code (NCC) is a uniform set of technical provisions for the design, construction and performance of buildings and plumbing and drainage systems throughout Australia. It is published and maintained by the Australian Building Codes Board, on behalf of and in collaboration with the Australian Government and each State and Territory Government. More details can be found on the Construction Certificate (CC) page.

An on-site sewage management system (OSMS) is the process used to treat domestic sewage which may be used in the processes of a septic tank, an aerated waste treatment system (AWTS) etc. The effluent is disposed of either by direct absorption trenches, irrigated onto the land or contained in a holding tank to be pumped out by an appropriate person. All new OSMS systems and modifications to existing OSMS systems within the Blayney Local Government Area (LGA) must have prior approval under section 68 of the Local Government Act 1993. More details can be found on the Section 68 (s68) page.

Blayney Shire Council has a number of statutory responsibilities for the approval of liquid trade waste to be discharged to the sewerage system under the Local Government Act 1993. Council obligations include risk management, cost recovery, approvals, monitoring and ensuring licence conditions of the Sewerage Treatment Plant are met. Council has developed a Policy for Discharge of Liquid Trade Waste to the Sewerage System which outlines requirements and procedures for the management of liquid trade waste. More details can be found on the Liquid Trade Waste page.

Council is responsible for managing the footpaths. To ensure pedestrian access and safety is maintained, an approval is required to place outdoor seating within a boundary, or to display goods on the footpath. Council’s Development Control Plan 2018 sets out standard controls to safeguard a fair and equitable sharing of the footpath for trading purposes and of course for maintaining safe pedestrian access. Consent under Section 125 of the NSW Roads Act 1993 (Roads Act) is required before using a footway for restaurant purpose, commonly known as footpath trading. More details can be found on the Footpath Trading page.

Consent under Section 138 of the Roads Act 1993 is required for any works or activities in a public reserve, public road way or footpath (nature strip or verge). More details can be found on the Road Opening Permit page.

Applicants who are not satisfied with the determination of a Development Application can apply to Council to review the determination under Division 8.2 of the Environmental Planning and Assessment Act 1979 or submit an appeal to the Land and Environment Court (Division 8.3 EP and A Act). More details can be found on the Review of Determination Application page.
Last modified: 19 Oct 2021

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