Frequently Asked Questions

Below is a list of commonly asked questions and answers. For more information contact Customer Services on 9911 6555. 

If your question relates to a planning matter, please contact Council’s Duty Planner via an Online Customer Request, or by calling Customer Services on 9911 6555 between 8.30 and 1pm Monday - Friday.

What is Development?

Development which does not require consent

Development which requires consent

Zoning

Heritage Items and Conservation Areas

Property/DA information

Requirements for lodgement of a DA

If you have lodged a DA

Public notification of DAs

If your DA has been approved

Rainwater tanks

Dividing fences

 

What is Development?

Section 4 of the Environmental Planning and Assessment Act 1979 (EPAA 1979) generally defines development as follows:

  • 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.

This definition covers erection of buildings, change of building use, demolition of buildings or works and subdivision.  It is broad in scope covering minor structures such as TV antennae and garden sheds.  However, the EPAA 1979 gives Councils the power to control development under 3 basic categories:

  • development which does not require consent
  • development which requires consent
  • prohibited development

The Land Use Table in the Canada Bay Local Environmental Plan 2008 (LEP) states whether development is permissible under each zone and if consent is required. 

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Development which does not require consent

Development which does not require consent generally falls into the following category:

Exempt Development

A proposed development is Exempt if it will have minimal impact on the local environment (for example a low front fence, a barbeque or a pergola).  State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 contains a list of development which, if the proposal meets certain criteria such as setbacks and height, is exempt development and development consent from Council is not required. 

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Development which requires consent

Development which requires consent generally falls into the following categories:

Complying Development

These types of development are considered to be predictable in their environmental impact and therefore of minor consequence, provided they comply with the Building Code of Australia (BCA) where building work is required.  Complying Development requirements are identified in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.  If the development satisfies these requirements, you can apply for a Complying Development Certificate from the Council or an Accredited Private Certifier.

Major Projects

Major Projects are identified in State Environmental Planning Policy (Majors Projects) 2005 as development which requires the Minister for Planning’s Consent.  If your proposal falls within this category, you will need to lodge your Development Application (DA) with the NSW Department of Planning.

Designated Development

These types of development require particular scrutiny because of the nature of the development, or their potential impact. These developments are listed in the Environmental Planning and Assessment Regulations 2000 and include industries such as concrete batching plants and the like, that have a high potential to pollute. Such applications require a formal Environmental Impact Statement (EIS).  If you are seeking to develop land for Designated Development you will need to obtain detailed professional advice from suitably qualified planning consultants.

Integrated Development

Integrated Development is development that needs both Development Consent from Council and an approval from another Government Authority. Examples of Integrated Development are if consent from the RTA is needed under s138 of the Roads Act 1993 or works are being carried out to a site listed on the State Heritage Register or affected by an Interim Heritage Order under the Heritage Act 1977. A full list of Integrated Development can be found in the table under Section 91A of the EPAA 1979. If you feel your application is Integrated Development please check with the Council as additional fees must be paid when lodging an Integrated Development Application.

Local Development

Local development is all development which requires development consent, but does not fall into the categories above. Most development applications received within the City of Canada Bay are either Local or Integrated Development. These development applications follow a similar process of:

  • lodgement of the DA 
  • public notification 
  • assessment and determination  

See Council's Development Application Process page for more detailed information.

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Zoning

Council does not provide the specific zoning that applies to a property over the phone.  To find out the zoning of a particular property, you can view the Canada Bay LEP zoning maps, order a s149 Planning Certificate from Council or view property information relative to a particular site by using the Online Property Information tool.

If you have viewed the above information and have more technical questions, you can contact Council's Duty Planner who can provide you with information about the development restrictions within a particular zone that you nominate.

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Heritage Items and Conservation Areas

To find out if a property is located within or adjacent to a Conservation Area or is a Heritage you will need to view the Canada Bay LEP Heritage Maps, order a s149 Planning Certificate from Council or view property information relative to a particular site by using the Online Property Information tool.

Alternatively, refer to Council's Heritage section of the website which provides information about heritage listings, conservation areas, researching your home’s heritage and the Local Environment Plan and Development Control Plan provisions for heritage properties.  It also includes information on Council's Local Heritage Awards program and the Local Heritage Assistance Fund.

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Property/DA information

You can obtain some general information about any property within the City of Canada Bay by using the Online Property Information and Online DA Tracking search tools.  Using these search tools you are able to obtain information such as Lot and DP/SP, land valuations, zoning, heritage, conservation areas, relevant LEPs and DCPs, and location maps. You will also be able to find relevant DA information for a specific property. 

All DAs will be listed for the property you search for, and any DAs submitted after 5 April 2007 will also show the DA tracking/status and may have relevant documents attached. 

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Requirements for lodgement of a DA

For information regarding the lodgement of applications and what information is required, refer to the development application checklists.  These checklists provide information on the plans and documentation (including the number of copies required) for various types of development proposals.

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If you have lodged a DA

If you have already lodged a DA, you should have received an acknowledgement letter (posted within 3-4 working days) that advises who your assessment officer is and their contact details.  If you have any enquiries regarding the processing of your application, please contact this officer directly.  Alternatively, you can view the Development Application Process section of the web page for more information and you can track the progress of your DA using the DA Online Tracking tool.

If you have questions regarding a DA in which you are neither the applicant nor the owner you will need to call Customer Services on 9911 6555 and ask to be put through to the assessing officer.  

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Public notification of DAs

The majority of development applications received are placed on public notification.  Part 2 of the City of Canada Bay Development Control Plan sets out the procedures for determining under what circumstances persons are to be notified of proposed development.  If you have received a notification letter and need clarification on any matter, please contact the officer referred to at the bottom of the letter on the phone number provided.  

Why have I been notified of the application?

Council notifies owners and occupants of properties who, it believes, might be affected by a development proposal so they may make a submission which will be considered when the application is assessed.  
 

How long do I have to make a submission?

Council considers applications as soon as possible as part of its service to local residents and applicants. As a result, submissions must be lodged within 14 days as indicated in the notification letter.  Should your submission be lodged after the close of this period it is possible that Council may have determined the application prior to receipt of your submission.  
 

How should a submission be made?

Submissions must be in writing, to the attention of the assessing officer, and should relate directly to the work proposed and its possible impact on surrounding property or the locality.  Council staff can assist you when viewing plans and specifications and can answer questions on specific technical issues.  Staff are not in a position to comment on the merits of the proposal at notification stage nor is it appropriate that they assist you in formulating your objection, should you have one.  
 

What happens to my submission?

Council will send you a letter acknowledging the receipt of your submission.  Council does not provide a specific response to the matters raised in submissions as these are addressed in the report prepared on the application. If minor amendments, or amendments made to overcome concerns already raised, are made to the application before it is determined, you may not be re-notified, but your earlier submissions will be considered.  
 

To what extent will Council consider my submission?

The matters which Council may consider are set down under legislation such as the Environmental Planning and Assessment Act, 1979 and relate to environmental impact.  Issues such as moral objection, commercial competition or personal circumstances of an applicant or objector cannot be given weight in Council's assessment.   Local Environmental Plans, Development Control Plans and the Building Code of Australia are matters that must also be considered.  These provide controls to assess the proposal.  They include issues such as overshadowing, privacy, heritage, urban design and view corridors.   Your comments will be considered in conjunction with Council's legal responsibilities, the interests of the community at large and the reasonable expectation and rights of the applicant.  Council will carry out a balance assessment of these interests in the analysis of any application and may vary the applications of its "controls" on merit.  
 

How are applications determined?

Applications can be determined by Council staff under delegated authority, or reported to Council's 'Committee of the Whole'.  This Committee comprises the entire elected Council and specifically deals with development matters.   Assessment reports prepared by staff are reviewed by senior staff before being finalised.  Generally, less complex or non-controversial matters are dealt with under delegated authority.  
 

How do I know when a matter will be reported to the 'Committee of the Whole'?

If you have made a submission you will be informed in writing.  If you are interested in the status of an application please contact the officer dealing with it or consult the duty planning officer at Council.  The 'Committee of the Whole' generally meets on the first Tuesday of each month at 6.00pm.  The public are welcome to attend these meetings which are all held at the Canada Bay Civic Centre Drummoyne.   The agenda for the Committee is available in Council's libraries on the Saturday and at the Canada Bay Civic Centre Drummoyne on the Monday before the scheduled meeting.  People who have made submissions on an application will be notified in writing if that matter has been placed on the agenda.  The agenda contains a copy of the assessment report and recommendation for every application on the paper.   Objectors and applicants may address the 'Committee of the Whole', and it would be appreciated if notice can be given to Council.  
 

What happens if Council refuses an application or imposes a condition that the applicant thinks is unreasonable or onerous?

An applicant may request Council to review the decision or appeal to the Land and Environment Court of NSW against any decision, or any aspect of a decision made by Council.  A request for review will be reported to Council's 'Committee of the Whole'.  
 

Will my representations remain confidential?

No.  Submissions will be available on Council's website and may also be reviewed by any person under Freedom of Information laws and will form part of the report to the Committee of the Whole.
 
Further information on the assessment process and how development applications are dealt with refer to the Development Application Process Page. 

 

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If your DA has been approved

If you have an approved DA and would like to ask general questions with regard to the conditions of consent, you may contact the Duty Planner.  If you have questions with regard to detailed or site specific conditions of consent then it is best for you to contact the officer who was responsible for assessing the DA.  

If you have lodged a construction certificate with Council, you will need to talk to the relevant Council Building Inspector looking after your application.  If no construction certificate has been lodged please direct lodgement requirement questions to Customer Services on 9911 6555 or refer to the Construction Process page.

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Rainwater tanks

Information regarding rainwater tanks/rainwater reuse can be found on the Rainwater Tanks Page.

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Dividing fences

The Dividing Fences Act 1991 outlines the laws regarding dividing fences.  Any disputes between neighbours regarding dividing fences are out of Council's jurisdiction. You will need to contact the Community Justice Centre:

For more information regarding this Act, please go to the NSW Department of Lands website.   

Refer to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 for the exempt development criteria for erecting a fence behind the building line without requiring development consent from Council.

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