A complete management service for your Council Approval

We have successfully handled hundreds of council approvals during the past, which enables us to manage the entire process for you, from coordination to lodging the application for council approval, ensuring the proposed development complies with regulations and gets approved promptly. Our expertise in DA contributes to a seamless navigation through the complex requirements of the NSW Government and local councils.

What is involved in Development Application (DA)

The requirement for a DA is to protect the interests of the other parties, particularly those who may be affected by the proposed development. Some typical areas that will be assessed during DA include:

• Privacy

• Noise

•  Solar access

• Waste

• Traffic impact

• Social impact on neighbours and community

• Heritage conservation

• Natural environment protection

To enable Council’s planning officer make informed decisions of DA applications, there is a list of mandatory documentation for submission. The exact documents required will depend on the nature of the development proposal, location of the site, and any site constraints. Nevertheless, the following items will provide some guidance on what a typical DA lodgement is involved:

• Application form / DA checklist

• Architectural plans (e.g. site plan, floor plan, elevations, sections, shadow diagram, etc.)

• Stormwater plans

• Cost summary report

• Owner’s consent

• Statement of Environmental Effects

• Other consultant reports (e.g. bushfire report, heritage impact statement, flood report, arborist report, BASIX, etc)

Assistance with the DA preparation

For most people who didn’t have much knowledge and experience with DA, preparing a package of lodgement documents that meets council’s standards can be challenging. Most council provides community members access to council’s planning consultation via duty planners. A duty planner is the person appointed by the council to assist people understand general and specific development regulations and restrictions, interpreting technical language and providing guidance on the DA process. 

The duty planner can assist with the explanation of:

• Process of lodging a DA

• Council’s Development Control Policies (DCP)

• Heritage listed buildings and site constraints

• Permitted use of land under current zoning

Meanwhile, the duty planner is NOT supposed to:

• Directly help prepare DA documentation package for lodgement

• Provide specific feedback and advice on the plans

• Advise whether the DA will be approved or not, except for very obvious reasons that can lead to the refusal of DA

Navigating the DA process in NSW

1. Pre-lodgement 

During this stage, efforts are made to understand site constraints and explore site opportunities, by undertaking a desktop investigation of site related planning matters. A good outcome usually comes from a good team, so it’s important to putting your team together early at this stage. Most councils have a notification policy and will notify the direct neighbours once the DA is lodged, it’s ideal to contact the neighbours early in the process to discuss the proposed development, and avoid any objections from the neighbours down the track. Assuming the team has put together a good lodgement package of documents, and you are happy with the overall cost, it’s time to move on to the next step.

2. Lodgement

The DA lodgement process is completed online via the NSW Planning Portal. Upon lodgement, the council will check submitted documents against the lodgement requirement and issue the invoice of DA assessment fee. Provided all documents are good and fees paid, the ‘clock’ that measures council’s assessment timeframe will start. If the council finds further information to be provided during the assessment, the clock will pause until such required information is provided. Some applications may require from a NSW Government agency before the determination is made, such as transport, bushfire, pollution, etc. If specific areas of the DA need advice and approval from other bodies, this is known as concurrence referral.

3. Assessment

The assessment of DA involves site inspection, engaging applicants and neighbours, as well as drafting reports and making recommendations. The following matters are considered during assessment:

• All plans and policies that apply – SEPPs, LEPs, and DCPs

• Impact on the natural and built environment, and social / economic impact in the locality

• The suitability of site for the proposal (e.g. access, services, terrain, etc)

• Any submissions

• Any comments from referred NSW Government agency

• Broader public interest

The above matters must be well addressed in the Statement of Environmental Effects (SEE) as part of the DA lodgement package. Usually, it may be necessary for the assessment officer to request clarification or additional information during the assessment. It’s helpful to respond such requests timely and get your experts to prepare further clarifications if needed.

4. Determination

There are three possible outcomes for a DA:

• Development consent – granted, with conditions

• DA refusal – with reasons

• Deferred commencement consent – a consent not operative until one or more important matters are resolved. This is not a common outcome. 

The development consent is a legal document, which lasts for 5 years unless another period specified by council, or physical commencement has occurred in which case it does not lapse. 

It’s important to build according to the conditions to avoid possible penalties or having to take costly rectification measures. Conditions of consent could modify the original plans, such as height reduction, deleting elements, adding privacy screens, etc. These could increase the cost of construction, so getting it right during design phase will help minimize unexpected and unplanned cost due to the conditions imposed. 

Besides, there are procedural conditions prior, during, and after the construction phase, including:

• Erection of signs onsite with details about the certifier and builder

• Ensure operations onsite do not adversely affect the neighbourhood, e.g. hours of work, waste management and controlling water runoff and erosion.

• Arrange security bonds to protect public assets, such as the footpath.

Still wondering whether your project is best suited for DA? Book your complimentary consultation with us today and discover the best approval pathway for your unique project.