Carrying out development in the City of Canada Bay may need written approval from Council. Below you will find information on what types of development require approval and the process of obtaining approval and completing your development.
Development proposals also often inlcude the need for new or altered driveways off the public road. You will find detailed information on the driveway approval process below.
To ensure that you have all the information necessary to submit your development application, Council has adopted a series of checklists for different types of development. The checklists set out the minimum and any additional requirements for a development application and the number of copies of documents required.
You should read the relevant checklist carefully and sign and submit it with your application. If your proposal involves two or more development types such as a dwelling house and a swimming pool, you will need to submit all information required from both.
You can lodge your application at our Customer Service Centre, 1A Marlborough Street, Drummoyne between 8.30am and 4.00pm, Tuesday to Thursday. Please Note: ensure you arrive before 3.30pm so there is sufficient time to thoroughly check and lodge your application. Please ensure you have your completed application form, checklist and plans and documents with you. Our Customer Service and Planning Administration staff will check everything while you wait to ensure that you have all necessary information to lodge your application. You will also need to pay your application fees – see below for more information.
Incomplete applications will not be accepted and will be returned to you with notations on your checklist of any plans and documents that have not been provided. If your application is ready to be accepted, you will be allocated a development application number and a receipt for your fees.
Council's Development Application Forms, Checklists and DA Appendix are all designed to assist you in preparing and lodging the correct plans and documentation with your Development Application. To view these refer to our Forms page.
Please note that Council also requires all application forms, plans and associated documentation required for a Development Application or a Section 96 Modification (see Step 11) to be lodged in an electronic format. The number of hard copies listed on the relevant DA Checklist or the Section 96 Checklist will also still be required to be submitted but in addition to this all such documents and plans will need to be submitted as an electronic version using a CD or USB or similar device. Refer to the Electronic Copies for Development Applications Fact Sheet for further information.
Most Development Applications are placed on public notification generally for two weeks and this involves the following:
During the notification period, the community may raise concerns with your proposal by making a written submission to Council. These submissions will be reviewed by the assessing planner and you will be given the opportunity to respond to the issues raised by objectors before your application is determined.
Council is required to take into account matters for consideration contained in Section 79C of the Environmental Planning and Assessment Act 1979 (the Act) when assessing Development Applications. These following matters are included:-
These are important statutory controls for assessing a development application and include documents such as the Canada Bay Local Environmental Plan 2013. This Plan sets out what types of development are permitted and what types are prohibited on your land.
Council sometimes reviews its statutory controls. During any review, Council is required to ensure that development proposals are not only consistent with existing controls, but the also the future planning intentions of Council and the community as indicated in draft Local Environmental Plan.
The Canada Bay DCP is designed to provide more detailed guidance for various types of proposed development and often contain requirements that seek to control the impact that your development might have on a neighbour's property. You should review the parts of the DCP that are relevant to your proposal and demonstrate how you satisfy the requirements within in your Statement of Environmental Effects.
This consideration requires Council to assess how your development responds to its surrounding natural and built environment and, in particular, how it relates to the character of the neighbourhood. This does not mean that the development has to be identical to other buildings in the street or area but it does mean that, in terms of height and size for example, the development should reflect the character of the locality in which it is to be located. Other issues that fall within, 'likely impacts' include solar access, visual and acoustic privacy and view corridors.
Please refer to the Canada Bay Development Control Plan for further guidance on these matters.
This consideration requires Council to assess your development against constraints that may affect the development potential of certain sites such as natural hazards including flooding or land subsidence, significant trees or threatened species, the effect of heritage listings, transport demands, and availability of open space and recreation areas etc.
As mentioned in Step 6, Council places the majority of Development Applications it receives on public notification. Council is required to take into consideration matters raised in submissions during the assessment of an application.
Council must either approve or refuse your Development Application. Applications are determined in two ways - either by the elected Council or by delegated authority granted to the officers of the Council. Council's current policy is that Development Applications may be determined by delegated authority when:-
If your application needs to be considered by the elected Council, you and any person who made a submission will be notified of the Council meeting date and you will be given an opportunity to address the meeting.
Council meeting Business Papers can be found on the Calendar of Council Meetings page.
If you are the applicant on your development application, you will receive a Determination Notice and set of stamped plans once your application has been determined.
If Council has refused your Development Application and you are not satisfied with the decision, you can apply to have the application reconsidered by Council under Section 82A of the Environmental Planning and Assessment Act 1979. You can include any amendments or supporting documents with your Request for a Review. Please see our Application to Review a Determination form for further information. Prior to seeking a review, it may be advisable to obtain advice from a planning consultant or a legal practitioner who practices in planning law.
You may also appeal the decision of Council, including any conditions placed on your application if it has been approved, to the Land and Environment Court. Section 97 of the Environmental Planning and Assessment Act 1979 provides further information on your Appeal rights. Prior to considering this option, it is advisable to obtain advice from a legal practitioner who practices in planning law.
Before or during the construction process or as you start operating your new business etc, it may become necessary to change parts of your proposal. Sometimes, you may simply change your mind about some elements of your approved design. In either case, you should ask your Principal Certifying Authority (usually either Council's Building Surveyors or a private certifier) if you will need further approval from Council under Section 96 of the Environmental Planning and Assessment Act 1979 - these applications are commonly referred to as Section 96 Modifications.
The process for making a Section 96 Modification and its assessment by Council is similar to a development application. Further information on Section 96 Modifications can be obtained from our Duty Planner service or by reviewing the Section 96 Application Form.
It is important to note that Section 96 Modifications cannot include elements of your proposal that were not included in your approved development application. For example, you may already have an approval for a new dwelling house and decide that you would like to include a new swimming pool in the rear yard - the swimming pool would need to be a new development application or Complying Development application. It cannot be considered as a modification to your dwelling house approval.
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