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. For Building and BCA inquiries please contact Customer Services on 9911 6555 to speak with a Building Surveyor.
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 the DA has been approved
Rainwater tanks
Dividing fences
Swimming pools
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.
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.
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 (Major 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 refer to the DA form, DA Checklist, DA Appendix or check with 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.
Zoning
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.
Heritage Items and Conservation Areas
To find out if a property is located within or adjacent to a Conservation Area or is a Heritage Item 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 Environmental 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.
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 since 5 April 2007 will also show the DA tracking/status and may have relevant documents attached.
Requirements for lodgement of a DA
For information regarding the lodgement of applications and what information is required, refer to the development application checklists and corresponding sections of the DA Appendix. These checklists provide information on the plans and documentation (including the number of copies required) for various types of development proposals.
If you have lodged a DA
If you have already lodged a DA, you should have received an acknowledgement letter (posted within 7 days) that advises who your assessment officer is, their contact details and notification dates (if applicable). 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 Online DA 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.
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.
Please refer to Council's Making a Submission fact sheet for additional information.
If the DA has been approved
If you are the applicant/owner
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 by contacting Customer Services on 9911 6555.
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.
If you made a submission/objection
The decision to approve an application is final. If you made a submission during the notification process you will receive a letter from Council to let you know what conditions may have been imposed by the approval to satisfy your concerns. If you would like to discuss these matters please contact the assessing officer. You may also view the consent through the Online DA Tracking tool.
If you are a neighbour/other interested party
Council's decision to approve an application is final. If you wish to view the conditions of consent you can use the Online DA Tracking tool. It may also be possible for you to view a hardcopy of the consent and approved plans. Please refer to the Access to Information form for further details. Should you wish to discuss the DA, please contact Council's Duty Planner.
Rainwater tanks
Information regarding rainwater tanks/rainwater reuse can be found on the Rainwater Tanks page.
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:
- Phone: 1800 671 964
- e-mail: cjc_info@agd.nsw.gov.au
- website: www.cjc.nsw.gov.au
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.
Swimming pools
Information regarding swimming pools can be found on the swimming pools page.