Development and Building Guide

Council regulates building and development, commercial, industrial and residential, on behalf of the community. Each Development Application (DA) is assessed on its merits, using Development Control Plans and other relevant policies. Council consent for most types of development is required by law, under the NSW Environmental Planning and Assessment Act 1979. To assist in this process, Council has developed a guide that explains how to prepare a Development Application and apply for a Construction Certificate. Please read the guide completely before you proceed, the information and tips will help you avoid potential pitfalls.

Please consult the Planning Department at your Council before lodging an application, to determine your proposal’s specific requirements. The Officers at Council’s Administration Building can advise you on relevant planning and building controls and provide preliminary advice on your proposal.

Planning Inquiry

If you wish to make an inquiry please complete a 1 Planning Inquiry Form.  Council will then provide written advice.

Development Application Form

Most types of building, subdivision and demolition work requires a Development Application (DA) to be submitted to Council for approval.  In order to ensure a speedy and efficient assessment of your application, we strongly recommend that you consult with a Council Officer before lodging your Development Application.

To make an application, complete Form 2 Dev. Application and Const. Certificate Form 2 Dev. Application and Const. Certificate Form and return to Council ensuring your application is fully completed and includes all the details, plans and documentation required.

Statement Environmental Effects

A Statement of Environmental Effects (SEE) is a report outlining the likely environmental impacts of the development and the measures proposed to be taken to lessen this impact. The statement must address all the issues that are applicable to your proposal.

Applicants will need to check the relevant DCP for your development type and other relevant policies and guidelines for any additional requirements.

3 Statement of Environmental Effects  All development applications require completion of a 3 Statement of Environmental Effects. Only a very brief SEE is required for proposals that are likely to have little impact.

Disclosure Statement

A disclosure statement of a Reportable Political Donation or Gift must accompany any planning application or submission, if the reportable donation or gift was made within 2 years of the application or submission being made.

If the donation or gift is made after the lodgement of the application, a disclosure statement must be sent to the relevant consent or approval authority within 7 days after the donation or gift is made.

7 Disclosure Statement of Political Donations Form

Appointment of Principal Certifying Authority

Appointment of Council as the Principal Certifying Authority means you authorise Council to conduct the necessary inspections which results in the issuing of an Occupation Certificate.  Alternatively you may appoint an accredited private certifier to conduct the necessary inspections.

Modification of Development Consent

If you need to make changes to a development application (DA) after Council has given consent there are several ways to do this. Each way depends on what sort of changes you want to make, and how they will affect the DA that was originally approved.

• To correct a minor error, an incorrect description or miscalculation, a section 96(1) application is required.
• For minimal environmental impact changes, a section 96(1A) application is required.
• To modify the consent in other ways, due to design changes for example, evidence needs to be provided that the development will be substantially the same, with a section 96(2) application.
• To modify a consent handed down by the Land and Environment Court, a section 96AA(1) application is required.

The same application form, which can be downloaded below, can be used for all of the above scenarios provided the correct section is clearly marked with appropriate details.

Section 96 applications also need to be verified consent from all of the registered property owners for the changes to be considered. If a company owns the property, the company stamp or seal is required. If the building is subject to a strata scheme, the owners' corporation seal and authorised signatures are required.

Review of Determination Application

6 Review of Determination Application and pay the required fee. If you wish to request a review of the determination of your application you must complete a 6 Review of Determination Application and pay the required fee.
A review cannot be made for State Significant Developments, Complying Development, Designated Developments or Integrated Developments. A request for review can only be made once for each determination and the request must be received and determined by Council within 12 months of the date shown on your Notice of Determination

Development and Building Guide

The Development and Building Guide Development and Building Guide was compiled by Wellington, Blayney and Cabonne Councils as part of a WBC Alliance Project in 2008. The Guide has been prepared based on information as detailed in the Environmental Planning and Assessment Regulations, 2000. This Guide does not necessarily cover all required information for all development types; if Council requires anything further we will contact you.

Reducing Delays

Checklist to reduce delays:

1. Before submitting your application you are strongly advised to DISCUSS your ideas with an officer of the Council.
2. Read carefully any notes or guidelines supplied by Council before submitting your application
3. Make sure you supply the required number of COPIES of your plans (at least three (3) sets).
4. Your proposal cannot be approved if the property OWNER'S SIGNATURE does not appear on the application.
5. Make sure you pay the correct FEES; especially if you are posting your application.
6. Complete all relevant forms - these are legal documents and staff are not permitted to complete any omitted details.

Have you told the Council exactly WHERE your land is?

HAVE YOU properly considered the impact of your proposal on your neighbours and the wider environment?

HAVE YOU included information describing the impact (called a statement of environmental effects)?

HAVE YOU complied with the relevant legal requirements and Council Codes?

These matters should be addressed in your statement of environmental effects.