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DA Guide

Development Application Guide

Step 1 – Check if Council approval is required

Before you undertake any development or building works, you will need to determine what approvals are required.

The Environmental Planning and Assessment Act 1979 defines development as:
  • 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

A number of minor types of low impact works or renovations may be exempt development. Council approval is not needed if your project meets specific development standards. The standards you must comply with for most exempt development works are in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

If any of the criteria cannot be fully met, a complying certificate or development approval must be obtained before carrying out the work or development.

Some common examples of exempt development are:
  • Awnings and other shade structures
  • Carports
  • Garden sheds
  • Home business
  • Air conditioning units

Visit the NSW Planning Portal or contact Council’s Planning Advisor on 9978 4172 for further information on Exempt Development.

Complying Development

Complying Development is a combined planning and construction approval for straightforward development that can be determined through a fast-track assessment by a council or an accredited certifier. Providing your application meets specific development standards, approval (known as a Complying Development Certificate or CDC) can be granted, without the need for a full Development Application.

Complying development may include:
  • Internal alterations to a house
  • Swimming pool
  • Carports, garages and driveways
  • Demolition

Visit the NSW Planning Portal or contact Council’s Planning Advisor on 9978 4172 for further information on Complying Development.

If your proposal does not meet the Exempt or Complying Development criteria, then provided the development is permitted with development consent you will need to lodge a development application. Proceed to the next step.

Step 2 – Prior to Lodging a Development Application

There are several things you should do prior to lodging your development application:
  • Establish what is permissible on your property, what potential constraints affect your property and what planning controls apply to the proposed development, in particular the Local Environmental Plan and Development Control Plans.
  • Talk to your neighbours to assist them to understand your proposal. Consulting neighbours can improve the development application process if neighbours have an understanding of the proposal before the development application is lodged. You may be able to resolve an issue your neighbour has before lodging your development application.
  • Review the Application Lodgement Guide and Matrix. The Application Lodgement Guide and Matrix provides important information for applicants when lodging applications with Mosman Council and outlines the different lodgement requirements for development applications, modification applications and review applications.
  • Meet with Council officers and discuss the proposal. This will provide opportunity to seek input from council officers about your proposal before preparing detailed plans. Meetings with Council officers can take one of two forms:

Informal meeting

Informal meetings can provide a general indication as to whether the proposal meets the objectives of the planning controls in Mosman, and can identify issues that need to be addressed in the development application. No written feedback will be provided.

Formal pre-lodgement meeting

A formal pre-lodgement meeting with council officers will be documented and written feedback on your proposal will be provided.

What can I expect from a formal pre-lodgement meeting?
  • an understanding of the permissibility of the proposal and the relevant development standards, controls and policies;
  • an understanding of issues that might cause delay, need further consideration, have some sensitivity or cause concern;
  • an understanding of the documentation required for lodgement;
  • a meeting with at least two assessment officers;
  • a meeting date arranged within ten (10) days after lodgement; and
  • written feedback outlining the description of site and proposal discussed as well as an outline of any issues or concerns raised by the proposal.
  • If you decide to go ahead and lodge your application, the pre-lodgement meeting minutes will be reviewed as part of the assessment process.
The amount of feedback given 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.

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?
  • Complete the Application for Prelodgement Meeting, attach relevant documentation
  • Pay the relevant application fee based on the estimated cost of the proposal.
  • Lodge the application in person at Council or by mail.

The pre-lodgement application will be allocated to an officer who will call you to arrange a site inspection and meeting time.

The following charges apply to formal prelodgement meetings:
Cost of WorkFee
Up to $1,200,000 $1,248.50
$1,200,001 to $2,500,000 $2,076
$2,500,001 to $5,000,000$3,122
$5,000,001+$4,246

Step 3 – Lodging an Application

All development applications, modification applications and review applications are now required to be lodged online via the NSW Planning Portal.

This follows a mandate by the NSW Government for 42 Councils in metropolitan Sydney to use the NSW Planning Portal.

Steps to lodge an application:

Once you have submitted the application through the NSW Planning Portal, Council will undertake a review of the application. Council will make a decision to accept the application, request additional information or return the application to you. Should additional information be required, you will receive an email outlining the required information.

If the application documentation is found to be in order, Council will calculate and advise the applicant via email of the required fee and the application reference number. The fee can be paid in person at Council, by mail or by online payment. On payment of the fee, the application will be formally lodged, a tax invoice/receipt will be emailed to the applicant, and the assessment of the application will commence.

The application can then be tracked on Council’s DA Tracker, where the name and phone number of the assessment officer will be available.

Support available

  • If you have difficulties logging in to the NSW Planning Portal or registering your NSW Planning Portal account, refer to the NSW Department of Planning, Industry & Environment’s FAQ web page, call Service NSW on 1300 305 695 or email info@service.nsw.gov.au.
  • If you are unsure of what documents to lodge with your application or if you have submitted your application through the NSW Planning Portal and wish to enquire as to the status, phone Council’s Development Services Support Officer on 9978 4278.

Frequently Asked Questions

Once my application is submitted through the Planning Portal, how long can I expect to wait until I response from Council?

We will aim to review your application and provide you with a response in two business days, however this may vary for more complex applications.

My property address is not appearing in the Planning Portal?

If you have entered your address in the search box and it is not appearing, select the tick box next to ‘Address did not display?’ and re-type your address then select next and it should appear.

I don’t have access to a personal computer, where can I lodge my application?

Council’s library offers free computer services for the community. Find more information on Council’s library services and opening hours here.

Step 4 – Public Notification and Submissions

Applications are notified in accordance with the Mosman Community Participation Plan.

The majority of applications are notified for 14 days. Applications involving Nominated Integrated development and/or Designated development are notified for 28 days. Extended notification periods apply over the Christmas and New Year period.

Applications are notified in the following ways:

During the notification period the DA Tracker contains all relevant details of the proposal, including plans to assist you in making a submission.

If you make a submission please remember:

  • You should review the plans and read the accompanying information so you are clear on the details. Mostly, the applicant will be your neighbour or their architect so you may be able to clarify detail or resolve any concerns by discussing it with them.
  • Development assessment involves a process of mutual adjustment between your legitimate concerns and the reasonable development rights of the applicant. Council has to evaluate both within a statutory planning framework and in many cases no party will be totally satisfied. This is the nature of the process.
  • Council is interested in what your issues are with the DA. These are best expressed in your own words and need not rely on lengthy references to provisions of planning instruments (LEPs and DCPs) – references which may obscure real issues.
  • Council staff are available to assist you with interpretation of DA documents and general enquiries during the notification period; however, detailed explanation of the applicant’s intent can best be obtained from the applicant direct.
  • Staff do not reply to questions posed in written submissions but cover issues as part of the DA assessment.

How to make a submission

During the notification period you are able to make a submission either online via the DA Tracker or by email to council@mosman.nsw.gov.au.

Acknowledgement

Submissions will be acknowledged by email or letter by post.

Privacy

The supply of personal contact information in a submission is voluntary pursuant to the Privacy and Personal Information Protection Act 1998. By including your contact information in a submission you are acknowledging that it will be made available for public view at Council offices and through the Council website.

Disclosure requirements

If you have given a gift or made a donation to a Councillor, an employee or an approved contractor of Mosman Council within the past two (2) years, by law you must include a disclosure statement with your submission.

Assessment and Decisions

When considering a DA the assessment officer will have regard to:

  • Statutory requirements under the Act;
  • Adopted policies of Council; and
  • Issues raised in written submissions.

Some applications are determined under delegated authority of Council whilst others are determined by the Mosman Local Planning Panel (MLPP) or the Sydney North Planning Panel.

If the application is to be referred to the MLPP for determination you will not be notified in writing. Instead, you are invited to either:
  • Register for MLPP Notification on the DA Tracker and receive emailed notification if an application is referred to MLPP for determination.
  • Check Council website’s Mosman Local Planning Panel page; or
  • Phone the agenda hotline on 9978 4122 to confirm what matters are listed on the MLPP Agenda.

When a final determination is made all people who made a submission are informed of the outcome. The Assessment Report and Notice of Determination are made available on the DA Tracker.

Note: any written submission made regarding a Development Application will be available for the public to access via the DA Tracker.

Step 5 – Determination: Decisions, Delegations and Meetings

Mosman Local Planning Panel

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 Mosman Local Planning Panel (MLPP) means that development applications will be determined by either Council staff, the Mosman Local Planning Panel or the Sydney North Planning Panel.

Applications will be referred to the Mosman Local Planning Panel for advice prior to determination if:

a. The application involves a development application:

i. with unresolved objections from three or more properties; or

ii. with continuing unresolved objections relating to view loss of the Harbour or scenic landmarks (i.e. the Heads, Opera House or Harbour Bridge); or

iii. with at least one objection from a property owner that shares a side boundary and there is non-compliance with the minimum side setback requirement of the DCP and/or the development would extend beyond the rear alignment of that same adjoining neighbour’s building.

b. The application relates to a review of determination pursuant to S.8.2(1)(a) or S.8.2(1)(b) of the Environmental Planning and Assessment Act 1979.

c. The application relates to a modification of development consent under S.4.55(2) or S.4.56(1) of the Environmental Planning and Assessment Act 1979 where the terms of a. (i), (ii) and (iii) apply.

d. The General Manager, Director Environment and Planning or Manager Development Services considers the application should be brought before the Panel.

e. The application involves public land, Crown land where Mosman Council is the reserve trust manager, or an unmade road zoned RE1 or E2 under Mosman LEP2012, or land owned by a public authority as defined in the Local Government Act 1993 and the application is a determination of application for Development Consent under the Environmental Planning and Assessment Act 1979.

Applications will be referred to the Mosman Local Planning Panel for determination if:

f. The applicant or land owner is the Council, a councillor, a staff member of Mosman Council who is involved in the Council’s functions under the Environmental Planning and Assessment Act 1979, a member of parliament or a relative of any such a person, where the development is other than internal alterations and additions to any building that is not a heritage item, advertising signage, maintenance and restoration of a heritage item or a minor building structure/s projecting from the building facade over public land.

g. The application is the subject of 10 or more unique submissions by way of objection.

h. The application contravenes a development standard imposed by an environmental planning instrument by more than 10% or a non-numerical development standard.

i. The application involves designated development, development to which State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development applies, demolition of a heritage item (either wholly or partially), new licenced premises (requiring a club licence, a hotel (general bar) licence or a on-premises licence for public entertainment), sex services premises, restricted premises or where the applicant has offered to enter into a planning agreement.

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

Sydney North Planning Panel

A Development Application will be referred to the Sydney North Planning Panel for determination if the application involves regionally significant development. The NSW Planning Portal provides further information relating to the Sydney North Planning Panel..

Public notification of certain decisions and reasons for the decisions

Schedule 1 of the Environmental Planning and Assessment Act 1979 provides mandatory notification requirements relating to determinations of an application for development consent or modification of a development consent and requires that public notification be provided of:

a. the decision, and

b. the date of the decision, and

c. the reasons for the decision (having regard to any statutory requirements applying to the decision), and

d. how community views were taken into account in making the decision.

This information is provided on the DA Tracker in the form of the Notice of Determination (a & b) and Assessment Report (c & d).

Step 6 – DA approved. What happens next?

Once your DA is approved, there are some more steps you must take before you can start to build:

a. Obtain a Construction Certificate (CC)

You need a construction certificate before you can start building work.

A construction certificate confirms building plans comply with the BCA, are ‘not inconsistent’ with the development consent and comply with relevant conditions of the development consent.

Private accredited certifiers and councils can issue construction certificates.

If you want Council to issue your construction certificate you will need to complete the Application for Construction Certificate. Council’s certifiers can be contacted on 9978 4094 should you have any questions or require further information about lodging a construction certificate.

The NSW Department of Fair Trading provides a register of certifiers and information on what to check before appointing a certifier here.

The NSW Planning Portal also provides information regarding Construction certificates here.

Before obtaining a construction certificate with either a private accredited certifier or council you will need to pay certain fees to council. Using the booking calendar on Council’s website an appointment can now be made to pay these fees with customer service staff. Customers booking an appointment will benefit from reduced waiting time and they will also receive an email reminder of all documents required for the appointment.

Where a condition of consent requires the creation of an easement, covenant or restriction on title, it is recommended that you seek legal support to prepare the documentation for Council to sign. A fee applies for the checking, approval and execution of the restriction on the use of land by Council and must accompany the restriction on the use of land when lodged with Council. Once submitted it usually takes one week for the documentation to be signed and to become available for collection. Where the terms differ from those provided by Council in the Development Consent, the process may take considerably longer as Council will need to have the proposed terms reviewed by its lawyers.

b. Appoint a Principal Certifying Authority (PCA)

The PCA must be appointed by the ‘person having the benefit of the development consent’ – this means you as the owner and not your builder.

The PCA can either be council or a private certifier.

If you want to appoint Council as the PCA please contact our certifiers on 9978 4094.

The NSW Department of Fair Trading provides a register of certifiers and information on what to check before appointing a certifier here.

The PCA is usually the same person or firm that issued your CC, but does not have to be – as with your CC, it can be a private accredited certifier or council as PCA.

The PCA’s job is to work with you through the construction process and issue you with an Occupation Certificate (OC) when the work is completed. To make this decision, the PCA inspects the development at various points in the build and ultimately ensures that the building is safe and fit to occupy and in accordance with the development consent and CC.

c. Give the council two days’ notice before you start work

As the person having the benefit of a development consent, you must give council at least two days’ notice in writing of your intention to commence work on the site, and must notify council in writing at least two days before building work commences of your appointed PCA.

Step 7 – Construction and the Principal Certifying Authority

A Principal Certifying Authority (PCA) is required to inspect the building work during the course of construction to ensure compliance with the relevant standards. This PCA may be the Council or from private enterprise. Council must be notified who the PCA is at least 2 days before work commences.

Notes

For details of accreditation of appropriate professionals see the NSW Department of Fair Trading.