Before you can undertake any development or building works, you need to check what type of approvals are required.

The Environmental Planning and Assessment Act 1979 defines development as any of the following:

• the use of land, and
• the subdivision of land, and
• the erection of a building, and
• the carrying out of a work, and
• the demolition of a building or work
• any other act, matter or thing controlled by an environmental planning instrument.

Certain types of minor development may be carried out as Exempt or Complying Development. All other development will require a Development Application to be submitted to Council.

Exempt Development

Exempt development is development that complies with a specified criteria. It is of a minor nature and may be carried out without Council consent.

For development to be carried out without consent, all of the criteria and requirements specified in the relevant planning instrument must be met, including compliance with the Building Code of Australia. If any of the criteria cannot be fully met, a complying certificate (if applicable) or development approval must be obtained before carrying out the work or development. 

Complying Development

Complying development is development that has a greater impact than the exempt development types, but is still considered to have minor environmental impact on neighbourhood amenity which can be assessed using predetermined development criteria.

Complying development is a combined planning and construction approval for straightforward development that can be determined by Council or a private Accredited Certifier. 

Exempt and Complying Development is specified under:

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

State Environmental Planning Policy (Infrastructure) 2007; and

State Environmental Planning Policy (Affordable Rental Housing) 2009

Wollondilly Local Environmental Plan 2011

If your proposal meets the Exempt Development criteria, Council approval is not required, however it is suggested that you inform Council in writing of your proposal.

If your proposal meets the Complying Development criteria, then approval is required. Approval can be issued by an Accredited Certifier or Council. If approval is sought from Council the following application form should be used:

Application for Complying Development Certificate 

To check basic planning information relating to your property by visiting the NSW Planning Portal here.

Other types of approval

Approval under the Local Government Act 1993 - Section 68 Approval

Approval under Section 68 of the Local Government Act 1993 (NSW) may also be required for a range of activities on public or private land by residents of the Shire. The most common s68 approval relating to development within the Shire of Wollondilly include:

• Approval for on-site disposal of wastewater on unsewered land
• Installation of a domestic oil or solid fuel heating appliance
• Installation of a manufactured home, movable dwelling or associated structure on land

A full list of all activities requiring approval can be found under s 68 the Local Government Act 1993 (NSW) accessible here. Section 68 approval can be applied through the ‘development forms’ section on Council’s Website.

 If the proposal does not meet the Exempt or Complying Development criteria, or the s68 Criteria then proceed to the next step.

If your proposal requires a development application you will need to check if your proposal is permissible on your land and what requirements you need to satisfy you will need to consult the following Wollondilly Shire Council documents:

Local Environmental Plan 

Development Control Plan 

These documents contain planning controls and requirements for development in Wollondilly.

We suggest that you consult with your neighbours to provide an opportunity to accommodate any reasonable concerns. Consulting neighbours can improve the development application process because they have an understanding of the proposal before the Development Application is lodged.

We recommended that before you submit the Development Application you consult with Council staff to discuss your proposal. It's better to get input before preparing detailed plans. You can get council input by either meeting withe the duty planner or booking a pre-lodgement meeting.

Duty Planner

Discussing your proposal with Council’s duty planner can provide a general indication as to whether the proposal meets the objectives of the planning controls in Wollondilly.  Also, it can identify issues that need to be addressed in the Development Application. Council’s Duty Planner is available by phone or in person from 8.30am – 2.30pm Monday to Friday.

Formal Pre-lodgement Meeting

Council offers a formal pre-lodgement meeting service for a fee.

Fees for pre-lodgement meetings are found in Council’s adopted fees and charges schedule. A link to the current fees is provided below.

 Pre-lodgement meeting fee schedule

 Advantages of a formal pre-lodgement meeting

Wollondilly Shire Council provides a formal pre-lodgement meeting service (fees apply) to potential applicants to ensure they are aware of the relevant standards, codes and policies against which a proposal will be assessed. The discussion held with council staff at the pre-lodgement meeting will be documented and written feedback will be provided. The amount of input given by staff depends on the amount and quality of information that you are able to provide. If you decide to go ahead and lodge your application, staff will refer to the pre-lodgement meeting minutes as part of the assessment process.

 Why have a formal pre-lodgement meeting?

A pre-lodgement meeting gives you:

• an understanding of issues that might cause delay, need further consideration, have some sensitivity or cause concern;
• knowledge about what information, plans, drawings or technical reports you need to lodge with your development application;
• an understanding of the permissibility of your proposal and the relevant development standards, controls and policies;
• a meeting with at least two assessment staff; and
• written feedback outlining any issues or concerns raised by the proposal.

Important note: Attending a pre-lodgement meeting and addressing concerns and comments made does not imply that the development will gain development consent. The views of the community, internal specialists and other government authorities are not able to be taken into account in the pre-lodgement process.

 How do I arrange a formal pre-lodgement meeting?

To book a pre-lodgement application meeting call Council. You must provide any plans and supporting documentation you have prepared at least 10 days before the meeting. Fees can be paid on the day of your meeting at the Customer Service counter.

 What do I supply with a pre-lodgement meeting?

It is important to be prepared for the pre-lodgement meeting. You will need to have an outline of what is being proposed. The amount of input given by staff depends on the amount and quality of information that you are able to provide. Useful material includes:

• concept plans and survey plan;
• general information covering what you hope to achieve on the site and how you propose to address any likely impacts on the local area; and
• details about the site and adjoining development.

Development Applications must contain all necessary information as described in Section 2 of the DCPs.

• DA Fees (please contact Council to obtain a quote)
• the DA Pack has a basic set documents

The following information MUST be provided with all development applications

• Development Application Form

• CD or flash drive with all document submitted with DA required as a separate PDF in Adobe format; 
• scaled architectural plans including site plan, elevations and sectional details;
• site analysis plan;
• survey plan;
• reduced A4 plans for notification (5 copies);
• concept drainage plans (which may require installation of an on-site detention system and/or the creation of an easement through adjoining property/ies); and
• Shadow diagrams.
• Statement of Environmental Effects
• Completed DA checklist form

The following information is to be provided with Development Applications if applicable:

• BASIX Certificate – for further information visit the BASIX website
• PCA form
• landscape plans and calculations;
• Architectural model – may be required if the value of the work is above $1.3 million for large scale developments such as residential flat buildings, seniors living, medium density, shopping centres etc;
• Statement of Heritage Impact – if the property is heritage affected;
• Traffic and Parking Impact Study – commercial and multi-residential development;
• Building Code of Australia (BCA) – particularly for development where BCA requirements may affect the design of the building;
• Acoustic report – where the proposal has the potential to generate a noise impact on other development;
• Where works are classified as Integrated Development additional documentation and fees are required to forward the proposal to the relevant Government authorities, such as the Environmental Protection Authority (EPA) and the Rural Fire Service (RFS) – contact Council for more information about Integrated Development;
• Arborist report;
• Schedule of finishes for new buildings;
• Geotechnical report;
• Bushfire report
• Flora and Fauna report
• Subsidence Advisory NSW
• Wastewater report
• NORBE Assessment
• Cheques required for integrated development

Section 68 requirements

• Three sets of plans
• Specifications
• Completed approval to operate form (for on-site waste water disposal systems)

Further information is provided in the Wollondilly Development Application Checklist and the Wollondilly Development Application Glossary

For specific advice relating to documentation required for your development please contact Council.

The Development Application Lodgement process aimed at reducing waiting times and assisting applicants with their applications. This applies to all Development Applications and Applications to Modify Development Consent.

Development Applications are lodged directly with the front counter for checking, and payment of fees. If your application's documentation is incomplete (see checklists) and it can’t be readily remedied, it will be returned to address the shortcomings before lodging again.

If the team at the front counter are satisfied that your application is complete you will be requested to pay an application fee. On payment of this fee, the application will be formally lodged with the development services team for assessment.

 Rejection of Application

Once your application is lodged Council's planning staff will conduct an initial review within 14 days of lodgement. If the application lacks required documentation, it may be returned so that the all documents can be supplied, and the application resubmitted.

 Additional Information

During assessment, if information is not adequate or additional information is required to complete the assessment of your application, Council’s planning staff will contact you to outline what additional information is required.

If you are unable to meet the timeframe specified for submitting additional information you may request in writing for Council to grant you an extension. If information is not provided within the time frame specified and an extension has not been requested or approved your application may be refused.

Council will notify only certain types of planning and development applications (DAs) which are identified in Council’s Development Control Plan.  There are a broad range of applications that are not required to be notified that are detailed in this plan as well.

The type of public notification will vary based upon the type of application being proposed and may include any one or combination of the following:

• giving a notice to the owners and occupiers of all adjoining land in the form of a letter;
• publishing a notice in a local newspaper (e.g. Wollondilly Advertiser);
• placing a notice (sign) on the land.

Applications are normally open for submissions for 15 days. Longer submission periods exist for certain development types such as some Integrated and Designated Development. The exact time frame will be noted on any letter, notice or sign in regard to the notification of an application.

Hard copies of the documents lodged with the application can be viewed, subject to privacy requirements, at Council’s Administration Building - 62-64 Menangle Street, Picton - during business hours 8:30am – 5:00pm (Public Holidays excepted).

Please note, proposals that are categorised as either Exempt or Complying Development have different requirements for notification which is listed in the relevant SEPP.

Who can make a submission?

Any person who feels that their property or locality may be impacted by a proposed development may make a written submission in response to a lodged development application (DA). In making a submission, it is recommended that you consider the following: 

1. An application to develop a parcel of land may be made by the landowner(s) or anyone obtaining consent from the landowner(s).
2. Council is obliged to consider DAs within a legal framework established by the Environmental Planning and Assessment Act 1979 and related documents including the Wollondilly Local Environmental Plan 2011, Wollondilly Development Control Plan 2016 and the Wollondilly Community Participation Plan.
3. Although Council may write to adjoining and adjacent neighbours inviting their comments, anyone can make a submission on any DA, whether they received a letter or not.
4. Matters raised in submissions should be planning-related, such as the potential impact of the proposed development in terms of scale, privacy, access, noise, dust etc.
5. Council may either approve (with or without conditions) or refuse a DA. If an application is refused, the applicant can appeal the decision to the Land and Environment Court.

How do I make a submission?

Use Council’s DA Tracker to make a submission online. You may also email or send a written submission to Council. All submissions must specify the name(s) of the writer(s) and respective address and telephone.

Submissions can be submitted by:

Online:               Lodge online through the DA Tracker

Email:                 council@wollondilly.nsw.gov.au

Post:                   Chief Executive Officer

                            Wollondilly Shire Council

                            PO Box 21

                            PICTON  NSW  2571

In Person:          Hand delivered to Council’s Offices at 62-64 Menangle Street, Picton

If the submission is an objection, the reasons for your objection must be clearly explained in the submission. It is important that submissions only contain information relevant to the DA and must be lodged within the period specified in the notice, advertisement or on the website.

Petitions

Petitions to Council, whilst not as effective as individual unique submissions, can assist in conveying community concerns about a proposal. Both the quality and quantity of petitions can help put your case. If you are organising a petition, you must ensure that people signing the petition are aware that Council may publish the petition on Council’s website, including any details signatories provide.

Petitions received by Council must:

• Include the name and address or suburb and signature of the supporters to the petition
• Set out the request or submission of the petitioners on each page
• Include the name and address of the person submitting the petition (head petitioner)
• Be addressed to the Council and the original provided to Council.

Does the number of submissions that Council receive determine the outcome of the application?

The number of submissions alone does not determine the outcome of the DA. However, the matters raised in the submissions and the potential impacts of the development are of primary importance in Council’s assessment of the application.

What happens if I make a submission?

Council must consider all matters which have been raised within any submission before making a decision regarding a development application. You may request that your name and address not be disclosed, however, it is important to note that confidentiality cannot be guaranteed as the Government Information (Public Access) Act 2009, Local Government Act 1993 and Environmental Planning and Assessment Act 1979 all provide measures for possible access to certain documents by the applicant and members of the public. 

It is important that you clearly express your concerns in writing as Council cannot accept verbal representations. For this reason Council will only engage with submitters if the assessment officer requires clarification regarding an issue raised or needs to undertake a site inspection to better understand the issues.

How is a decision made?

Development Applications must be considered in accordance with the Environmental Planning and Assessment Act 1979 and the planning instruments and policies of Council. In determining a DA, Council is requested to consider the following matters: 

• Provisions of the relevant planning instruments and policies;
• Likely impacts of the proposed development;
• Suitability of the site for the proposal;
• All submissions regarding the proposal; and
• The public interest.

Who discloses a political donation or gift?

Any person who makes a submission regarding a development application to Council is required to disclose all reportable political donations made to any local councillor or any gifts made to any local councillor or employee of that council. This applies to the period commencing two years before the application is made and ending when the application is determined. A Disclosure Statement of Political Donations and Gifts form may be collected from Council offices or downloaded from Council’s website. Detailed reportable donation disclosure requirements are outlined within that form. 

Who decides?

Council receives a large number of DAs each year. The majority of these applications are for relatively minor works such as alterations and additions to dwelling houses and are dealt with by officers under the delegated authority of the Council. 

Submissions relevant to the application are carefully considered before such a decision is made. The application may either be approved or refused. A letter is sent to all those who made an individual submission explaining the reasons for either decision. 

For significant or contentious DAs the application is determined by the Local Planning Panel (LPP) or the Sydney Western City Planning Panel. If the application is to be determined by the LPP, all persons who prepared an individual submission will be contacted with details of the meeting date and time. Submitters will be offered an opportunity to address the panel in person about their submission. The LPP meets on the third Thursday each month. The public are welcome to attend these meetings which are held online or in the Council Chambers at 62-64 Menangle Street, Picton.

Withdrawing a submission

If you decide to withdraw your submission in respect to a planning application or do not wish to pursue your submission, you can withdraw it by writing or sending an email to Council. 

How do I find out what is happening with the assessment of the application?

The DA Tracker on Councils website shows the current progress of all development applications, visit https://tracking.wollondilly.nsw.gov.au/

In 2017, the NSW Government introduced changes to make local planning panels (LPPs), formerly known as independent hearing and assessment panels, mandatory for all councils in Greater Sydney.

The establishment of the Wollondilly Local Planning Panel (WLPP) means that development applications will be determined by either Council staff, the Wollondilly Local Planning Panel or the Sydney Western City Planning Panel.

The WLPP considers and determines the following development applications:

• Development applications (other than for certain minor developments) for which the applicant or landowner is the Council, a Councillor, a member of Council staff, a member of Parliament, or a relative of such a person;
• Contentiousness development applications that receive ten (10) or more unique objections;
• Development applications accompanied by a proposed voluntary planning agreement;
• Development applications seeking to depart by more than 10% from a development standard;
• Development applications for:
  • residential flat buildings assessed under SEPP 65;
  • demolition of heritage items;
  • licensed places of public entertainment and sex industry premises;
  • designated development, as set out in the Environmental Planning and Assessment Regulation 2000.
• Any other development application, application to modify a consent or application to review a determination on a development application or application to modify a consent, at the discretion of the General Manager (Chief Executive Officer) or their delegate.

Further information regarding the Wollondilly Local Planning Panel, including the agenda and decisions can be found here.  

Regional Planning Panels will continue to assess and determine development applications within its scope, such as developments with a capital investment value of more than $30 million.

Once development consent is issued there may be conditions that must be complied with before a Construction Certificate can be issued. A Construction Certificate must be issued by either Council or an Accredited Certifier before any construction commences.

Refer to the Building Professionals Board for further detail in relation to the role of Accredited Certifiers.

Construction Certificate Application (Planning Portal)

Application for a Civil Construction Certificate

Optional Step 9A. BUILDING

If Council is the Principal Certifier (PC) you must submit a Notice of Commencement of Building or Subdivision Work  prior to commencing works.

A Principal Certifier (PC) is required to inspect the building work during the course of construction to ensure compliance with the relevant standards. This PC may be the Council or authorised contractors subject to the terms of their accreditation. Council must be notified who the PC is at least 2 days before work commences.

For details of accreditation of appropriate professionals see the Building Professionals Board.