Building - Renovations - Subdivision

View from Warragamba Lookout

Are you looking to build, renovate or subdivide? Depending on what you are looking to do and the size/scale of the development you may be able to carry out the building/renovating/subdivision without Council approval.

Do I need approval?

The State Government has developed tools to assist you in determining if you need approval for the work you are looking to do.

E-Planning

This tool will give you general advice as to what type of typical developments can be done without approval. If what you are looking to do is shown on the E-Planning Tool continue to the Electronic Housing Code to see if you are eligible for Exempt Development (Development that does not require consent). If you require consent the Electronic Housing Code will inform you if you are eligible for a Complying Development Certificate (10-day fast tracked approval for development seen as minor impact).

I need approval, what now?

The DA Process

Once you have determined that you need an approval there are two directions you can go to gain the approval needed:

1. Complying Development Certificate (Commonly known as CDC)

The Electronic Housing Code will outline the requirements for minor impact development on certain properties. If you can meet the requirements of a Complying Development you can begin preparations to lodge your application.

2. Development Application (Commonly known as DA)

If you are unable to apply for a Complying Development Certificate you will need to apply for a Development Application in order to carry out the works you are proposing. If your application is approved you may require a Construction Certificate prior to commencing any works. You can either engage Council or an Accredited Certifier to issue your construction certificate and carry out any mandatory inspections.

What are the requirements?

The controls for a Development Application can be found in Council’s Local Environmental Plan (Land uses) and the Development Control Plans (restrictions such as setbacks, building heights, building size etc.). If your proposal fits within the framework of the Local Environmental Plan and the Development Control Plan you can begin preparing you application.

Please refer to the Landowner Flow Chart and consider all issues.

What if I cannot comply with a control?

Local Environment Plan

The controls of the Local Environmental Plan must be complied with. 

Development Control Plan

There may be circumstances (context or site specific) where a minor variation to the Development Control Plan may be justified in the interests of achieving an acceptable or better outcome.

Council may consider variations to development standards where it is demonstrated that the objectives of the particular development standard can be achieved without detriment.

If you require a control to be varied you must request the variation in writing, providing a detailed justification for the request that a better design outcome will result from the variation. Council will not approve any variation unless it is fully satisfied with the justification for non-compliance. Requests for variations are presented to Council’s Internal Variation Assessment Panel (IVAP) and assessed on merit. Please note that the submission for a variation does not guarantee approval.

What do I need to submit with my application?

When you lodge your application you will need to provide some supporting documentation which is outlined below, with further information available in this guide.

All applications will require the following:

Conditions of Consent

The conditions of consent tell you how you must undertake the development and if there is anything you must do before you commence the development. You cannot alter or vary the development, the way in which it operates or the way in which it will be undertaken unless the terms of the consent are modified.

To modify a consent, you must make an application under section 96 of the Environmental Planning and Assessment Act 1979. Additional fees will apply as this will require an assessment of the proposed modification. 

Wollondilly Shire Council Standard Conditions of Consent as at 28 September 2016