Development Process (What approvals do I need?)

1. Development Exemptions & Approvals

Exempt Development

The NSW State Environmental Planning Policy (Exempt & Complying Development Codes) 2008 outlines specific development types of which are considered exempt from requiring Council approval. The policy identifies minor development types such as carports, decks, garden sheds, farm buildings, patios, rainwater tanks etc.

In order for the proposed development to be considered exempt, the development must comply with the Division 1 Preliminary and Division 2 Exempt and Complying Development and the applicable Subdivision controls identified in the NSW State Environmental Planning Policy (Exempt & Complying Development Codes) 2008.

Alternatively, fact sheets on Exempt Development can be found on the NSW Planning Portal Website.

If the proposed development cannot fit within the NSW State Environmental Planning Policy (Exempt & Complying Development Codes) 2008, the development may be able to be approved under the CDC or DA process below. 

Complying Development (CDC)

The NSW State Environmental Planning Policy (Exempt & Complying Development Codes) 2008 outlines development types which allows for a fast-track approval. Complying development generally includes larger building works than what is exempt development. Complying development is a development application and construction certificate in one process.

Provided the development fully meets specific development standards as identified in the NSW State Environmental Planning Policy (Exempt & Complying Development Codes) 2008 the application can be determined by a Council or an Accredited Certifier.

Alternatively, fact sheets on Complying Development can be found on the NSW Planning Portal Website

If the proposed development cannot fit within the NSW State Environmental Planning Policy (Exempt & Complying Development Codes) 2008, the development may be able to be approved under the DA process below. 

Development Application (DA)

Local Development

Local development is the most common type of development in NSW, with projects ranging from building a home and home extensions to subdivision and medium sized commercial, retail and industrial developments.

A development is considered local development if a Local Environmental Plan (LEP) or State Environmental Planning Policy (SEPP) states that development approval is required before the development can take place. Generally, if a development cannot fit within the NSW State Environmental Planning Policy (Exempt & Complying Development Codes) 2008, development approval is required.

To understand more on the development application process, please review the NSW Guide to the Development Application Process


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2. Preparing an Application

When preparing a development application, the proposal must be permissible within the land zone and take into consideration the property and locality constraints.

The NSW Planning Portal is a tool managed by the NSW Department of Planning that provides a variety of information including:

  • Access to planning constraints (i.e. zoning, height controls, heritage, bushfire, flooding)
  • Relevant Legislation and planning controls that are applicable to the property.
  • Information on building or renovating.
  • Access to planning tools e.g. BASIX.

A Development Control Plan provides detailed planning and design guidelines to support the planning controls within the Goulburn Mulwaree Local Government Area. Proposed developments are required to take into consideration the relevant development controls outlined in the Goulburn Mulwaree Development Control Plan 2009.

Each development application is required to have a package of documents to support the lodgement and assessment process. The documents are required to clearly demonstrate the proposals ability to meet the property constraints, legislation and the development control plan.  

As a minimum Council require the following documentation to be prepared depending on the type of development being proposed and the constraints of the site and locality;

  • Statement of Environmental Effects
  • Site plan, floor, elevation and cross section plans of the existing configuration
  • Site plan, floor, elevation and cross section plans of the proposed development
  • BASIX Certificate
  • Statement of Heritage Impact
  • Bushfire Assessment Report
  • Flood Management Plan
  • Details of External Colours and Finishes
  • Site Analysis Plan
  • Shadow Diagrams
  • Effluent Disposal Report
  • On Site Sewerage Management Plan
  • Engineering Design
  • Indicative Plan of Subdivision

If you require assistance in preparing these documents, a town planning professional (separate to Council) can assist in the compilation of planning reports required for a specific development. Additionally, an Architect or draftsman can assist in the procurement of existing and detailed proposed plans.


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3. Pre-Lodgement Advice

General Planning or Building Advice 

Council’s Development Liaison Team, are available during business hours to discuss development proposals, property constraints and approval pathways with prospective applicants. The advice provided is general in nature and aims assists prospective applicants to understand the development process and Council requirements. If the enquiry requires technical input, the Development Liaison Team will refer the enquiry to a Duty Officer.

In order for the advice to be of quality, Council recommends prospective applicants review the NSW Planning Portal for the property constraints and to understand what Legislation applies.

General enquires are able to be submitted via email to: planningenquiries@goulburn.nsw.gov.au

Please ensure the legal description of the land and the proposed development definition is included in the email. Alternatively, a member of the Development Liaison Team are available during business hours via phone (02) 4823 4444, or in person at 184-194 Bourke Street, Goulburn.

General planning or building advice is free of charge.

Formal Planning or Building Advice

Goulburn Mulwaree Council provides a written advice service when a planning or building enquiry is complex in nature/requires further investigation.  Written advice is provided by a senior technical officer and depending on the complexity of the enquiry the advice is generally provided within 10-15 business days.

Minimum Requirements for Formal Advice Include;

  • A statement covering the proposal and reasons for the formal advice.
  • Plans which are relevant to the formal advice request.

Formal written advice attracts a fee in accordance with Council's fees and charges available here.  

Requests for formal written advice can be submitted with the above information to planningenquiries@goulburn.nsw.gov.au

Pre-lodgement Meeting

Council recommends that potential applicants request a 'Pre-lodgement Meeting', particularly for developments that are complex and/or larger in nature. A pre-lodgement meeting is a meeting between prospective applicants and Council's technical staff to discuss a proposed development prior to formally lodging the application.

The meeting provides prospective applicants with an opportunity to discuss and receive feedback from Council on the technical aspects of the development proposal. Minutes of the meeting will be provided to the applicant via email within 15 business days of the meeting’s conclusion. The minutes will not be “verbatim”, but will highlight the issues discussed and the meeting’s outcome.

Minimum Requirements for a Pre-lodgement Meeting Include;

  • A definition of the permissibility pathway in accordance with the Goulburn Mulwaree Local Environmental Plan (LEP) or other legislative framework.
  • A statement covering the proposal and reasons for the pre-lodgement meeting including specific planning issues that require consideration.
  • A statement identifying potential issues of non-compliance of the proposed development in accordance with the development controls contained within the Goulburn Mulwaree Development Control Plan 2009 and/or LEP and/or other Statutory Planning Policies.
  • Scaled site plan(s) identifying the results of the site analysis and the proposed layout of the development.
  • Scaled indicative floor plans demonstrating how the building/proposal is to be utilised.
  • Scaled elevation plans of the development.
  • A statement identifying potential issues of non-compliance with Planning Legislation and or other Statutory Instruments.

Pre-lodgement meetings attract a fee in accordance with Council’s fees and charges available here.  

Requests for a pre-lodgement meeting can be submitted with the above information to planningenquiries@goulburn.nsw.gov.au

 


Related Information

Pre-lodgement form can be accessed here

 


4. Application Lodgement

The development application “package” is to include all documentation relevant to the development being proposed.

The development application form can be found here.

Goulburn Mulwaree Council allows applications to be lodged using one of the methods listed below.

 

1. Electronic Lodgement

Goulburn Mulwaree Council encourages electronic lodgement of all development applications. Electronic lodgement removes the need for multiple hard copies of plans and documents as it enables Council to assess the application more efficiently.  

The completed development application package and forms can be emailed to the following address - planningenquiries@goulburn.nsw.gov.au

Where lodgement is to be via email, Council requires the development application package to be submitted in the following format:

  • x1 complete set of all plans (A3 size) and documentation (A4 size) in an electronic PDF format.
  • For scaled plans larger than A3 a complete paper set is to be provided within 48 hours once the application has been accepted.

Please note: If required, Council may request additional physical copies of plans to be supplied during the assessment process.

2. Lodgement in Person

Goulburn Mulwaree Council offers lodgement in person, where prospective applicants are able to visit the Civic Centre located at 184–194 Bourke Street, Goulburn, during business hours.

Where lodgement is to be in person, Council requires the development application package and forms to be submitted in the following format:

  • x1 complete set of all plans (A3 size) and documentation (A4 size) in hard copy format.
  • x1 complete paper set of all plans on large format paper where the scaled plan size is larger than A3.
  • x1 complete set of all plans (A3 size) and documentation (A4 size) in an electronic PDF format.

Please note: If required, Council may request additional physical copies of plans to be supplied during the assessment process.

3. Lodgement via Mail

Goulburn Mulwaree Council offers lodgement via mail, where the completed development application package and forms are able to be mailed to Locked Bag 22, Goulburn NSW 2580.

Where lodgement is to be via mail, Council requires the development application package to be submitted in the following format:

  • x1 complete set of all plans (A3 size) and documentation (A4 size) in hard copy format.
  • x1 complete paper set of all plans on large format paper where the scaled plan size is larger than A3.
  • x1 complete set of all plans (A3 size) and documentation (A4 size) in an electronic PDF format.

4. Payment of Development Application Lodgement Fees

The lodgement fee payable for development applications depends on:

  • the type of development
  • the estimated cost of the development

Once the development application has been reviewed by a member of the Planning and Development team a quote for lodgement fees will be issued to the applicant.

Alternatively, prospective applicants can request a quote by phoning (02) 4823 4444 or emailing the request to planningenquiries@goulburn.nsw.gov.au

5. Review of Development Applications

All applications will be reviewed prior to formal lodgement to determine if the application contains sufficient and all necessary information to enable lodgement to occur. If the development application is considered acceptable for formal lodgement, Customer Service will contact the applicant to arrange for payment of the necessary lodgement fees to be made. Payment can be made by cash, cheque or credit card. 

 


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5. Assessment of Application

Development applications are assessed with regard to Section 4.15 of the Environmental Planning and Assessment Act 1979.

The assessment of your application, therefore, takes into account:

  • the requirements of any local, regional or state planning instrument, or other planning regulation that relates to the site or the proposed development. These may contain issues to be considered or standards that must be met,
  • the impact the proposed development is likely to have on the natural environment, the built environment and the local community,
  • whether the site is suitable for the proposed development,
  • any submissions made by neighbours, the wider community and government agencies after the development application was advertised, and
  • the public interest.

Click here to view Section 4.15 of the Environmental Planning and Assessment Act 1979.  

What to expect?

Within two (2) days Council will send out an acknowledgement letter confirming lodgement of the application, the letter will be copied to the owner if the owner is not the applicant.

Within fourteen (14) days of lodgement Council may if the information accompanying the development application is unsatisfactory reject the application, in which case the application will be returned to the applicant.

Within twenty-five (25) days of the application being lodged Council aims to provide a consolidated written request for additional information (if required) that outlines specific matters that are considered to warrant further detail, consideration or amendment to enable the assessment to continue.

Within forty (40) or sixty 60 days (depending on the type of application) of the application being lodged and where additional information has not been requested Council aims to determine development applications based on their merit.

Within fourteen (14) days following the determination of the application Council will send out a Notice of Determination.

To ensure development applications are processed in a timely manner Council will only deal with the nominated applicant and not the owner(s), this is to avoid unnecessary confusion, conflicting information and delay. If as an owner, you have delegated the applicant’s responsibility to a third-party you will need to ensure any communication is made via the nominated applicant.


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6. Notification & Comments

Development applications may be advertised and/or notified in accordance with Council’s community engagement strategy or at the discretion of Council where it is considered appropriate given the nature and likely impacts of the proposal.

The minimum advertising and or notification period for development applications is fourteen (14) days.

In forming an opinion to notify adjoining owners and/or occupiers where the development proposal is not specifically identified as requiring advertising or notification Council will take the impacts on the following matters into consideration:

  • Obstruction of views,
  • Sunlight,
  • Privacy,
  • Noise, odour, light or other pollution,
  • Visual impact, streetscape and local character,
  • Traffic and access,
  • Ground levels,
  • Stormwater and watercourse issues,
  • Natural and man-made hazards, and
  • Any other relevant matter.

The assessment of development applications will consider any submissions made by adjoining owner(s)/occupier(s) and other interested persons in response to public notification procedures.

Submissions must be in writing and relate directly to the work proposed and the possible and likely impacts of the proposal on surrounding property or the locality. Council staff can assist you when viewing plans and specifications and can answer questions on specific technical issues, however, Council Staff cannot comment on the merits of the proposal during notification stage or assist you in formulating your objection, should you have one.


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7. Determination

Following an assessment of your development application Council will determine the application and send out a formal Notice of Determination advising whether your development application has been approved or refused. Not all applications lodged with Council are determined by staff or Council. Planning legislation allows for external planning panels to determine the application on behalf of Council e.g. Southern Regional Planning Panel (SRPP).

Notices of Determination consenting to development are published monthly in the Goulburn Post and on Council’s web site.

Works approved by the Notice of Determination must be commenced within a period of five (5) years or less from the date shown as the commencement date. The lapse date is also identified on the Notice of Determination. Subsequently, if you modify a development consent, the commencement and lapse dates do not change from those shown on the original consent.

Unfortunately, my development application was refused – what can I do?

If your development application is refused, you may request Council to undertake a Review of the Determination under Division 8.2 of the Environmental Planning and Assessment Act 1979.

A Review made under Division 8.2 of the Environmental Planning and Assessment Act 1979 must be completed within six (6) months of the determination date or before an appeal against the determination is disposed of by the Land and Environment Court. A Review permits the application to be amended providing the entirety of the development remains substantially the same as the original determined application.

Council may be required to notify your neighbours and/or advertise a Review made under Division 8.2 of the Environmental Planning and Assessment Act 1979. Additionally, it may be necessary to refer a Review request to the elected body of Council for determination.

Fees apply for a Review request and are in addition to any notification and/or advertising fees. The lodgement fees for a particular Review request can be confirmed by contacting the Development Liaison Team.

Can I appeal to someone other than Council?

Should an applicant be dissatisfied with Councils' determination of an application, the applicant can lodge an Appeal to the Land and Environment Court. The applicant has six months from the date of determination to lodge an appeal to the Land and Environment Court.


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8. Commencing Works

I have Development Consent so when can I start work?

The following details outline the post-development approvals process and illustrate the steps that you may encounter depending on the work proposed and the type of application approved: -

  1. Obtain a Section 68 (s68) approval under the Local Government Act 1993 for all works in relation to stormwater and sewer services. A s68 approval can only be issued by Goulburn Mulwaree Council as the sewer and water authority.

  2. Obtain a Section 138 (s138) approval under the Roads Act 1993 from Goulburn Mulwaree Council as the local roads authority, in some instances, approval will be required from the Roads and Maritime Services (RMS).

  3. Apply under Section 305 of the Water Management Act 2000 for a certificate of compliance.

  4. Obtain a Construction Certificate (CC) for any building works this can be obtained from Council or a registered private certifier.

  5. From Sept 2019 onwards obtain a Subdivision Work Certificate (SWC) for any subdivision works this can be obtained from Council.

  6. Appoint a Principal Certifying Authority (PCA)

  7. Lawfully carry out the required works and arrange for all required mandatory critical stage and other inspections duly required to be undertaken.

  8. Complete the works in accordance with the Building Code of Australia, the Australian Standards, other approvals and in accordance with the Notice of Determination.

  9. Obtain where necessary a Section 307 (s307) certificate of compliance under the Water Management Act 2000.

  10. Obtain an Occupation Certificate (OC) prior to any use or occupation this can be obtained from the PCA.

  11. Obtain in the case of a subdivision work a Subdivision Certificate (SC) this can be obtained from Council.

 


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9. Post Application

What if the plans for the development change?

The extent of the change required will determine what you will need to do. Your Principal Certifying Authority (PCA) will assist in deciding what applications need to be made.

It may be necessary to obtain approval to modify the development consent under Section 4.55 of the Environmental Planning and Assessment Act 1979. Importantly, any modification must ensure the development remains substantiality the same development as originally approved. Additionally, it may also be necessary to modify or obtain a new Construction Certificate to accurately reflect the proposed works.

The types of modifications that can be applied for include: -

  1. Section 4.55 (1) - involving minor error, misdescription or miscalculation only
  2. Section 4.55 (1A) - involving minimal environmental impact
  3. Section 4.55 (2) - other modifications
Assessment of Section 4.55 Modification applications

In determining a Section 4.55 application Council can only consider the issues which the application is seeking to amend.  For example, if Council was to assess and approve a large office building complex and the developer decided to change the height of the building, Council could not legally undertake an assessment of the entire application, therefore, Council could only consider whether the height of the building is appropriate given the potential impact and/or the local planning controls.

This is also relevant for objectors who may have expressed concerns about the original development. In this example, if local residents were concerned about issues relating to traffic generation, this issue could not be legally revisited given the developer is only seeking to change the height of the building.  Nonetheless, if the objector was concerned about the height of the building this issue should be raised in the submission letter.


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10. FAQs

- Is my development exempt from Council approval?

  • To be exempt it must comply with the requirements contained within the


- Do I need Council approval for demolition?

  • Yes, a development application needs to be lodged if you plan to demolish any structures.

 

- What fees are payable?

  • Fees and charges will be assessed based on the estimated cost value of the proposed works. To determine the fees for lodgement of a Development Application check the fee calculation sheet:

Development Application DA Fees

    Please contact Council's Customer Service Centre on (02) 4823 4444 of you require assistance.

 

- Is there anything I should do before lodging my application?

  • It is advisable to check with Council to ensure that you are providing all necessary material with your application. Before submitting your application we also suggest that you discuss the proposal with your immediate neighbours.

 

- In what circumstances will it be referred to an external consultant for assessment?

  • Applications are referred for external assessment where there is a potential for a perceived or real conflict of interest arising from individuals (or companies) or association with and may include:
  • an individual is a Councillor or a staff member,
  • a company is a business partner or contractor to Council,
  • the property is owned by Council,
  • there is potential for the perception of bias,
  • the Council stands to benefit in material or non material terms through the approval of the proposal.