Development includes building, renovating, demolishing and changing the use of a building or land. If you are considering developing, you may need to submit a Development Application (DA) to seek Council approval.
Use the NSW Planning Portal from 1 July 2021
From 1 July 2021, applications such as development applications and post-consent certificates must be lodged via the NSW Government’s Planning Portal. From 1 July 2021 the NSW Planning Portal is the only way you can lodge these applications.
Guide to the DA process
The Department of Planning and Environment (DPE) has developed a guide that helps explain the DA process. The guide will help you to prepare and submit an application and will explain the next steps required to begin building.
This page also explains the development process in more detail and the steps that your DA will go through.
Step 1: Does your development need approval?
There are many different types of development. The planning controls for Upper Lachlan link to page set out where different types of development can be undertaken.
You can carry out some minor building works such as garden sheds or carports without requiring approval from Council.
For existing commercial properties you can also undertake some changes in use or signage without approval. These are examples of exempt development.
You can also carry out some larger but straightforward development as complying development link to page. This is a combined DA and Construction Certificate (CC) process.
If your proposal is not exempt or complying development, you will need to submit a DA.
Step 2: Research and consultation
The Department of Planning have developed myHome Planner which allows you to access information about your property to help you prepare your development application. Depending on what stage you are up to with building your home, this site can be helpful with zoning, building contracts, building approvals, plans, BASIX information etc.
Read Council’s local plans to find out how they will affect your proposal:
- The Upper Lachlan Local Environmental Plan 2010 (LEP) sets out land zones and the types of development that you can carry out.
- The Development Control Plan (DCP) sets out the design controls for new development and any relevant Council policies. You can use the table of contents at the front of the DCP as a guide for the type of issues you may need to address in your development design.
Before you get started on your application, we can help you to understand the development process and answer your questions: Find out more about our pre-lodgement services
Step 3: Prepare and lodge your DA
Step 4: Public notification
Council’s Community Engagement Strategy states that we must notify the public about some types of DAs. This includes development that may impact neighbour views or privacy, or overshadow other properties:
Council is not required to notify neighbours or the public for most residential development. This includes new dwellings that comply with all development controls. If Council does need to notify neighbours or the public, we will:
- send a letter and a copy of your plans to adjoining and adjacent landowners;
- publish details of your DA in the local newspaper (where required);
- make plans available for viewing (where required);
- erect a notice on the development site (where required);
Submissions
During the notification period community members can provide feedback about your development proposal. They can do this by making a written submission to Council online. A planning officer will review any submissions received. In some instances, the officer may ask you to consider and respond to the issues raised before they can determine your application.
Step 5: Assessment of your application
A planning officer will assess your application under Section 4.15 of the NSW Environmental Planning and Assessment Act 1979. During the assessment process the planning officer will inspect the site and consider:
- all relevant planning instruments
- state environmental planning policies
- local environmental plans
- development control plan
- Council policies
- the likely impacts of the development on the natural and built environment
- the site’s suitability for the proposed development
- the matters raised in any submissions received.
The planning officer will also consider:
- solar access, landscaping and open space, height, form and materials, building setbacks, streetscape, visual and acoustic privacy, views, traffic and parking implications
- bushfire assessment under the NSW Rural Fire Service Planning for Bushfire Protection Guidelines 2019
- other approvals such as:
- section 68 Local Government Act 1993 (eg, water, sewer or stormwater works, installation of a solid fuel heater)
- section 138 Roads Act 1993 (works within the road reserve including construction of a driveway crossover).
Council will contact you if there are concerns about your proposal or if we need further information from you. You will have 28 days to provide a response to allow us to continue to assess your application.
Step 6: Referrals and consultation
Internal referrals
Your planning officer may need to seek advice from officers in other areas of Council, depending on the type of development proposal. This can include engineers, compliance officers, heritage consultants and environmental health officers. The officer will consider the comments and recommendations received from other officers before making a final recommendation.
External referrals
Your planning officer may need to refer your DA to certain NSW Government departments and agencies. This is dependent upon the type of development you are proposing. The officer must consider any comments received when determining the application.
Referral to other agencies may include DPE, RFS and WaterNSW. These agencies or external referral bodies may need further information from you. The planning offer will inform you if this applies to your DA.
Some developments also need a specific approval or licence from other authorities such as the RFS. This is known as integrated development. Council must refer the application to the relevant authority and seek its general terms of approval.
Step 7: Determination and notice
Council will make a determination and:
- grant conditional approval
or - refuse the DA.
Council will issue a formal notice of determination (consent) to you which will specify whether your DA is approved or refused.
- If Council approves your DA, the notice of consent will include conditions. Council will provide you with a set of the stamped and approved plans and documentation by email, if possible.
- If Council does not support your application we will let you know in writing. This will give you the opportunity to decide whether you would like to:
- provide further information
- have the application formally refused,
or
- withdraw your application.
- If you decide to withdraw your application Council may be able to refund some fees.
Please note that construction cannot start until Council has issued the CC.
Conditions of consent
Any development approval (consent) will generally be subject to conditions. The notice of consent will group the conditions into categories. This will help you to determine at what stages of the development you need to comply with the conditions:
- general
- prior to issue of the CC
- prior to the start of works
- during construction
- prior to the release of the Subdivision Certificate (for applications involving subdivision)
- prior to occupation or start of use.
Step 8: Apply for a Construction Certificate
Once Council issues development consent, you will need to read the conditions. These consent conditions outline what you must complete:
- before construction begins
- during construction, and
- after construction of your development
If your approval involves any form of construction works, you will need to apply for a CC. Once your principal certifier issues the CC, you can start building. A CC is necessary to ensure your development will meet the conditions of your consent. This includes any required building standards such as the Building Code of Australia.
- Read about the different steps of the construction process link to page and how you can apply for a CC.
You will also need to appoint a principal certifier to assess the CC for your proposed development. You can engage Council or a private registered certifier. Council’s Certification Team is available to discuss your development. If you would like to appoint Council as your principal certifier link to page we can provide you with a fee proposal.
Step 9: Modifying a Development Consent
You can apply to modify your development consent if the modified development remains substantially the same as the initial approved development. There are three types of modifications:
- 4.55(1) minor modifications: to correct a minor error, misdescription or miscalculation. For example, incorrect plan numbers referenced on the development consent.
- 4.55(1a) minor modifications: involves minimal environmental impact. For example, changes to an approved landscape plan or minor changes to the internal configuration of a building.
- 4.55(2) other modifications: where environmental impact is possible. For example, changes to approved hours of operation or the external configuration of a building such as window placement or height.
If you’re not able to satisfy Council that the modified proposal is substantially the same as the initial approved development, you will need to lodge a new DA.
Lodge your Mod DA
From 1 July 2021 across NSW it is mandatory to lodge certain applications such as Mod DAs on the Planning Portal.
Step 1: Prepare your supporting documents
There are various supporting documents that you will need to prepare and upload with your Mod DA. Some of these include:
- Statement of Environmental Effects
- Owner’s Consent
- Development Estimated Cost of Works
You must save all supporting documents as separate PDFs, ready to upload with your Mod DA.
Step 2: lodge your Mod DA and supporting documents on the Planning Portal
You can now lodge your Mod DA and supporting documents on the NSW Planning Portal:
Council’s Development Assessment Team will then review your application and notify you of the outcome.
Council will issue you with an invoice for the Mod DA application fee if we accept your application.
Step 3: pay your application fee
Once you receive an invoice for the Mod DA application fee, you will need to pay the fee.
Resources to help you lodge your DA on the Planning Portal
DPE has a range of resources to guide you through the DA lodgement process:
- YouTube: watch an overview of the Planning Portal
- NSW Planning Portal: applicant resources for the Planning Portal
- NSW Planning Portal: frequently asked questions for the NSW Planning Portal
We can help you
For assistance using the NSW Planning Portal please contact Service NSW:
- T: 1300 305 695
- E: ServiceNSW
If you would like to discuss the details of your application or supporting documents you need to lodge, please contact Council’s contact Council’s Environment and Planning Department on:
- T: 02 4830 1000
- E: council@upperlachlan.nsw.gov.au
- visit our Crookwell Environment and Planning Office Monday to Friday between 10am and 2pm.
Disclaimer: This page provides a summary of the major issues relating to the submission of plans for a DA. This information does not address every issue that could occur.