FAQs
FAQs
What are the approval pathways in NSW?
In NSW, there are nine (9) different pathways for obtaining planning approval. The specific
assessment pathway that applies will depend on the development's size and scale.
Do you require further reading about the planning approval pathways in NSW? Then click the
below link.
approval-pathways
- Exempt development
- Complying development
- Local development
- Regionally significant development
- State significant development
- State significant infrastructure
- Part 3A development (This planning pathway is no longer in use).
- Development without consent
- Designated fishing activities
approval-pathways
What is Exempt Development?
Various minor home renovations and small building projects, like putting up a carport, balcony,
deck, or garden shed, typically do not require planning or building permits. Projects of this
nature are referred to as exempt development. If a building project adheres to specific
development standards and land requirements, then no planning or building approval is
required.
Do you require further reading about the planning approval pathways in NSW? Then click the below link.
Do you require further reading about the planning approval pathways in NSW? Then click the below link.
What is a Complying Development Certificate (CDC)?
Other simple and low-impact residential, commercial, and industrial developments that need
planning approval might be eligible for a quicker approval pathway referred to as complying
development. If an application satisfies specific criteria and land requirements, a complying
development certificate (CDC) can be obtained from your local Council or an accredited
certifier, bypassing the requirement for a complete development application (DA).
Do you require further reading about the planning approval pathways in NSW? Then click the below link.
Do you require further reading about the planning approval pathways in NSW? Then click the below link.
What is a 10.7 (2) and 10.7 (5) planning certificate?
A Section 10.7 Planning Certificate was formerly referred to as a Section 149 Certificate. This
certificate provides information into the development potential of a specific parcel of land.
There are two types of Section 10.7 Planning Certificates.
A Section 10.7(2) certificate indicates the property's zoning, the associated state, regional, and local planning controls, as well as various property constraints such as land contamination, flooding levels, and bushfire prone land.
A Section 10.7(2) and 10.7(5) certificate contains the same details as mentioned above. Additionally, it provides advice from other authorities and includes certain information that a Council holds regarding the property, which is not available in a Section 10.7(2) certificate.
A Section 10.7(2) certificate indicates the property's zoning, the associated state, regional, and local planning controls, as well as various property constraints such as land contamination, flooding levels, and bushfire prone land.
A Section 10.7(2) and 10.7(5) certificate contains the same details as mentioned above. Additionally, it provides advice from other authorities and includes certain information that a Council holds regarding the property, which is not available in a Section 10.7(2) certificate.
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What is a Preliminary Planning Assessment?
A preliminary planning assessment is a report analyzing the property and a discussion on
planning regarding your property.
A Preliminary Planning Assessment typically addresses the following questions:
What is the most efficient and straight forward route to obtain approval for the development option I wish to pursue?
Are there any planning regulations that could potentially ease the approval procedure?
What planning regulations are relevant to my property concerning my goals?
Is there a more advantageous project than the one I have considered?
A Preliminary Planning Assessment typically addresses the following questions:
What is the most efficient and straight forward route to obtain approval for the development option I wish to pursue?
Are there any planning regulations that could potentially ease the approval procedure?
What planning regulations are relevant to my property concerning my goals?
Is there a more advantageous project than the one I have considered?
What is a Development Application (DA)?
A development application (DA) refers to a request for approval under Part 4 of the EP&A Act to
carry out development. Typically, this request is submitted to the local council. It includes
standard forms, detailed plan drawings, and several detailed documents known as ‘submission
requirements.
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You can count on us to help you
https://cddg.com.au/free-30-minutes-consultation/
or
https://cddg.com.au/contact-us/
What is a Construction Certificate (CC)?
The Construction Certificate (CC) should be acquired from your local council or a qualified
certifier and includes comprehensive building plans, engineering details, and specifications. The
plans are likely to contain significantly more information than your approved Development
Application (DA) plans, enabling your builder to work directly from them.
The construction must align with these plans as well as the development consent.
Any alterations to the plans that differ from the DA plans would need to be evaluated to determine if an application to modify the development consent is necessary.
To secure the CC, you may need to submit additional reports and pay refundable bonds or development contributions to the council first. These requirements are outlined in the conditions of your development consent.
The construction must align with these plans as well as the development consent.
Any alterations to the plans that differ from the DA plans would need to be evaluated to determine if an application to modify the development consent is necessary.
To secure the CC, you may need to submit additional reports and pay refundable bonds or development contributions to the council first. These requirements are outlined in the conditions of your development consent.
What is a building information certificate (BIC)?
A BIC is typically made when unauthorised building works have been carried out. As it is not
possible to obtain development consent or a construction certificate for a building that has
already been erected, a BIC is generally the only option available to “regularise” building work
that has been carried out unlawfully.
A BIC is a certificate that stops the council from carrying out the following actions from the date the certificate is issued:
• make an order (or take proceedings for the making of an order or injunction) under the EP&A Act or Local Government Act 1993 (LG Act), requiring the building to be repaired, demolished, altered, added to or rebuilt; and
• take civil proceedings in relation to any encroachment by the building onto land vested in or under the control of the council.
A council can inform an applicant the works that need to be done to the building before the council will issue the Building Information Certificate. A council can also refuse an application for a Building Information Certificate, but it must give sufficiently detailed reasons to inform the applicant of the work needed before the certificate can be granted.
After a council grants a Building Information Certificate, it cannot issue an order under the Environmental Planning & Assessment Act 1979 or the Local Government Act 1993, nor can it initiate civil proceedings concerning any issues that existed prior to the issuance of the Building Information Certificate.
Additionally, a council cannot give an order or take civil proceedings in relation to matters arising from the deterioration of the building for 7 years after the Building Information Certificate is issued.
A Building Information Certificate is usually requested by buyers or sellers of property before settlement, to make sure that what is being bought or sold is not going to be the subject of action by the council.
A BIC is a certificate that stops the council from carrying out the following actions from the date the certificate is issued:
• make an order (or take proceedings for the making of an order or injunction) under the EP&A Act or Local Government Act 1993 (LG Act), requiring the building to be repaired, demolished, altered, added to or rebuilt; and
• take civil proceedings in relation to any encroachment by the building onto land vested in or under the control of the council.
A council can inform an applicant the works that need to be done to the building before the council will issue the Building Information Certificate. A council can also refuse an application for a Building Information Certificate, but it must give sufficiently detailed reasons to inform the applicant of the work needed before the certificate can be granted.
After a council grants a Building Information Certificate, it cannot issue an order under the Environmental Planning & Assessment Act 1979 or the Local Government Act 1993, nor can it initiate civil proceedings concerning any issues that existed prior to the issuance of the Building Information Certificate.
Additionally, a council cannot give an order or take civil proceedings in relation to matters arising from the deterioration of the building for 7 years after the Building Information Certificate is issued.
A Building Information Certificate is usually requested by buyers or sellers of property before settlement, to make sure that what is being bought or sold is not going to be the subject of action by the council.