FAQ Development & Building Compliance

I have read Clause 3.1 and Schedule 2 - Exempt Development, of the North Sydney Local Environmental Plan 2013, and Parts 1 and 2 of State Environmental Policy (Exempt and Complying Development Codes) 2008, however, I am not sure whether the works I intend to carry out fit within this category.

How do I obtain information in relation to a complaint lodged with Council regarding my property?

What happens if I undertake works/development at my property without development consent?

What hours can construction and demolition works be carried out?

My property has been damaged as a result of works/development undertaken at the adjoining property, what should I do?


I have read Clause 3.1 and Schedule 2 - Exempt Development, of the North Sydney Local Environmental Plan 2013, and Parts 1 and 2 of State Environmental Policy (Exempt and Complying Development Codes) 2008, however, I am not sure whether the works I intend to carry out fit within this category.

If you have read Clause 3.1 and Schedule 2 - Exempt Development of the North Sydney Local Environmental Plan 2013, and Parts 1 and 2 of State Environmental Policy (Exempt and Complying Development Codes) 2008, and are still unsure, you may contact Council's Planning and Development Advisor to assist you in determining whether a Development Application is required.

 

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How do I obtain information in relation to a complaint lodged with Council regarding my property?

Should you wish to view Council's files regarding an alleged complaint against your property, you can submit a completed Freedom of Information application form to Council's Customer Service Centre staff so that your application may be forwarded to Council's Document Management Services department for processing. It should be noted, NSC Policy is not to provide identity details of complainants, however, if the Customer wishes to pursue the issue the only course of action is through a Freedom Of Information application where, on payment of the prescribed fee, Council will contact the complainant to determine whether such details can be released. Only where agreement from the Customer is received will details be advised to the FOI applicant'.

Should you wish to view Council's files in relation to a property other than your own, you may submit a File Search application form to Council's Customer Service Centre so that your application may be forwarded to Council's Executive Services Manager for processing.

 

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What happens if I undertake works/development at my property without development consent?

Council may investigate the works/development that have been undertaken and instigate appropriate action in accordance with Council's Compliance and Enforcement Policy. It should be noted that retrospective development consent cannot be granted.

 

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What hours can construction and demolition works be carried out?

Generally speaking, a condition is imposed on a development consent restricting construction and demolition works to be carried out within the following times:

  • Building construction 7:00am to 5:00pm Monday to Friday and 8:00am to 1:00pm inclusive on Saturday's.
  • No work is permitted on Sunday's and Public Holidays
  • Demolition and excavation works are permitted between 8:00am and 5:00pm Monday to Friday only.
  • Should you observe work being carried out on a building site outside the above times you may contact Council's Rangers Department on 9936 8100.

Note: The above mentioned times relate to works approved under a development consent.


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My property has been damaged as a result of works/development undertaken at the adjoining property, what should I do?

Council is unable to grant permission for one property owner to access another property to carry out works, including repair. Should the works/development from which the damage resulted be subject to a development consent, contact the Principal Certifying Authority (PCA) to inform them of the issue.

As Council may only enforce requirements of a condition of a development consent, you may need to attend mediation with the Community Justice Centre (see www.cjc.nsw.gov.au) or commence your own civil proceedings.

 

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Note:

The following questions have been provided to assist customers with Council information.

Note: This advice does not substitute for the full planning controls of North Sydney Council. Site conditions may invalidate any aspect of these controls or this advice.

If you are unsure or have any specific questions regarding proposed developments or planning controls, please contact the Planning and Development Advisors or Email: council@northsydney.nsw.gov.au

*Please include your name and contact telephone number(s) on any email.

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