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A Development Application (DA) is a formal request for permission to carry out 'development'.
'Development' includes:
All such work requires a Development Application unless it is listed as 'exempt development' or 'complying development'. Development Applications can be simple proposals that can be determined relatively quickly or can be more complex proposals that fall under 'Integrated' or 'Designated' development under the Environmental Planning and Assessment Act, 1979.
Below is a brief overview of the DA process:
All development applications must be lodged online through the NSW Planning Portal.
Go through the DA application lodgement guide and checklist.
Lodge your application on the NSW Planning Portal
Lodge your application, once accepted, a payment advice with relevant fees will be uploaded by Council to the NSW Planning Portal.
Once you submit your DA on the NSW Planning Portal, Council will check the application and if complete will accept the DA and send a payment advice. The DA will be registered on our system and you will be allocated a DA number. You can use the Portal Application Number (PAN) to follow your application on the NSW Planning Portal or the DA number to follow on Council’s DA Tracker.
If Council needs additional information to finalise the assessment of your DA, we will defer the application until such time as the additional information is received. You will receive correspondence via the NSW Planning Portal us as to the additional information sought.
You are then notified via email and the NSW Planning Portal of the determination of your DA (whether your DA has been approved or refused). If your DA has been approved, Council will usually impose certain conditions that need to be adhered to in respect of the DA approval. If your DA has been refused, Council will state the reasons for refusing the DA.
After your application has been determined you will receive a 'Notice of Determination of Development Application'. The notice will tell you whether Council has approved or refused your application.
If your application is approved, the notice will detail any conditions of consent. It will also tell you when the consent becomes effective, and when it will lapse.
If your application is refused, the notice will give the reasons for refusal. The notice will also explain your right of appeal to the Land and Environment Court.
If your development application is approved, then you must ensure that the development is carried out in accordance with any relevant conditions. You cannot alter or vary the development (or the way in which it operates) unless the terms of the consent are modified. To do this, you must make an application to modify the consent under Section 96 of the Act. An additional fee applies.
If your Development Consent allows to you "intensify" your site e.g.: build extra dwellings such as a dual occupancy, you will find a condition on the consent requiring that you obtain a Section 73 Certificate from Sydney Water. You can find out more information about obtaining a Section 73 Compliance Certificate from the "Developing" section of Sydney Water's website.
If your proposal involves building work, you will need to obtain a Construction Certificate for the detailed building plans or engineering drawings. In most cases, you can not commence construction without a construction certificate.
Find out more about certification and Construction Certificates on our designated page. Your proposal may also require an approval or licence from another government agency. It is your responsibility to obtain any additional approval that may be required before you commence the development.
For more information, contact Council's Duty Planner on 9707 9000.