Development Types and When Consent is Required

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.

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).  Council has a list of development which, if it meets certain criteria such as setbacks and height, is Exempt Development.  If your proposal falls within the criteria, you do not need development consent from Council.  You can obtain details of Council's Exempt Development provisions from the Customer Service Centre, or from the website.

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 is identified by Council in its Complying Development Provisions which may be obtained from Council’s Customer Service Centre or from the website.  

If what you want to do satisfies these requirements you can get a Complying Development Certificate from the Council or a qualified professional in the private sector (known as a Private Certifying Authority or PCA).

Major Projects

Major Projects are identified in State Environmental Planning Policy (Majors Projects) 2005 as development which requires the Minister for Planning’s Consent.  In Canada Bay these include major sites such as parts of the Rhodes Peninsula and parts of Breakfast Point.  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.  In Canada Bay, the most common form of Integrated Development is if the works involve excavation or work within 40 metres of the Foreshore.  This requires a Part 3A permit from NSW Maritime under the Rivers and Foreshores Improvement Act 1948.  Other 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.

What happens if I need Development Consent (a DA)?

Unless what you want to do falls into the Exempt or Complying Development category, you will need to lodge a DA with Council.

For your particular proposal you will need to go to the Council Forms web page:

  • View all checklists located in the Development Application - Checklists folder; and
  • Read all files located in the Development Application folder and submit relevant application forms.