FAQ on DA's

When do I need a Development Approval?

Do I need to obtain my development approvals from the Council, or can I use someone else?

What information do I need to give Council with my DA, CC, or CDC?

Do I need Council approval for demolition?

When do I need a Construction Certificate?

What fees are payable?

Tax on property transactions?

Is there anything I should do before lodging my application?

Will my application be publicly notified?

What are the Precinct Committees?

Who will determine my application?

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

How long will it take for my DA to be determined by the Council?

How long do my approvals last for?

Who are private certifiers?

When do I need owners consent for works to a party wall?


When do I need a Development Approval?

If you want to do building work on your property - erect a new building or increase existing floorspace - you will need to lodge a development application. Before preparing plans you should consult Council's Planning Advisor who will advise you about the various controls which apply, eg. special requirements for buildings (including fences) in Heritage Conservation Areas.

Generally speaking, all building and demolition work requires an approval from Council. There are two approvals required for most work and they are in the form of Development Consent and, unless the work is only demolition, a Construction Certificate.

Some minor works may fall under the category of Complying Development, and in this case you will only require a Complying Development Certificate.

There are some exceptions to these rules, and they are known as Exempt Development.

Please write to the Council Planning Advisor for more information about which developments are classed as Complying Development or Exempt Development.

 

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Do I need to obtain my development approvals from the Council, or can I use someone else?

With the exception of the Land and Environment Court and the State Government, Council is the only authority that can issue Development Consents.

Once you have obtained Development Consent, you can choose either Council or an appropriately accredited certifier to obtain your Construction Certificate or Complying Development Certificate.

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What information do I need to give Council with my - Development Application (DA), or Construction Certificate (CC) application, or Complying Development Certificate (CDC) application?

The checklist in the DA form gives the minimum information required for your DA. Please complete the checklist, and ensure all required information is included with your application, otherwise your application will be rejected.

The lodgement of DAs is a lengthy process requiring additional administration before they can be passed on for assessment at 9am the next day.

To allow adequate time for lodgement, it is requested DAs be presented before 4:30pm.

Please note that Customer Service closes at 5pm.

 

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Do I need Council approval for demolition?

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

 

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When do I need a Construction Certificate?

All new building works, including new dwellings, alterations and ancillary structures such as swimming pools, garages, carports and fences, require a construction certificate. These can be issued by Council or a private certifier.

 

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What fees are payable?

Fees and charges will be assessed based on the estimated contract value of the proposed works.

To determine the fees for lodgement of a DA check the fee calculation sheet:

Development Application DA Fees

Please contact Council's Customer Service Centre on (02) 9936 8100 of you require assistance.

 

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Tax on property transactions?

For every property transaction you make, you need to think about tax implications. To help you to determine property-related GST obligations, refer to the ATO:

www.ato.gov.au/General/Property

Your home is generally exempt from tax. If you have an investment property, build or renovate for profit, or use a property in the running of a business, there may be implications for income tax, capital gains tax and goods and services tax (GST).

www.ato.gov.au/General/Property

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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.

 

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Will my application be publicly notified?

After an application is lodged, it is given a reference number. Always use this number whenever you need to contact the Council about your application. The application is entered on Council's computer register and recorded on the file. An officer from the Council's Planning area will be assigned to process your application.

Your application will then be:

  • notified to adjoining neighbours or persons likely to be affected
  • advertised in the local newspaper (ie. The Mosman Daily)
  • referred to the Precinct Committee for comment
  • advertised locally by a sign placed on the street frontage of the property
  • some applications may not be notified depending on the nature of the proposal (eg: internal work) and further information regarding notification requirements are contained within: Section 4 of our DCP 2013 (163KB)

The application is advertised for a 14 day period, during which Council will accept submissions from the public. The officer assessing the application will decide whether the proposal follows the Council's planning controls, whether the plans should be amended and whether to recommend approval of the application by the Council. Submissions on the development are taken into account at this stage.

To view the plans please visit Council's Customer Service Centre during the advertising period at 200 Miller Street, North Sydney, 9am to 5pm weekdays.

If you have missed the advertising period (due to holidays or illness, for example) you can make other arrangements with the Council to view the plans. Contact the Planning Officer on duty at the Customer Service Centre for advice. However, comments can only be considered if they are received before the Council makes a decision on the application.

If you wish to comment on the application, or if you feel you will be affected by the application, you need to state clearly the reasons why. All comments received are taken into consideration during the processing of the application. Your comments must be in writing to:

DAs Received - Public Comment

or write to:

The General Manager
North Sydney Council
PO Box 12, North Sydney NSW 2059

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What are the Precinct Committees?

All applications which are advertised are forwarded to the Precinct Committee in your area. Precinct Committees are groups of residents who liaise between the local community and the Council. The Precinct Committee considers the application and forwards any comments it may have to Council. Plans for development applications in the local area are usually available for viewing at Precinct meetings (which are held monthly).

 

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Who will determine my application?

After the completion of the notification period one of Council's assessment officers will assess your application. This process will take account of statutory requirements, Council's adopted codes and policies and any submissions from the public that may have been received.

If there are no unresolved submissions and your application generally complies with Council's development standards it may be approved by staff without the need to go to a North Sydney Independent Planning Panel meeting (NSIPP), or a Council meeting.

Once the application has been decided, either by approval, approval with certain conditions, or refusal, the applicant will be advised in writing of the decision. Conditions attached to an approval may include

  • payment of certain charges for work on Council land, eg footpaths
  • payment of charges to protect trees
  • payment of contributions toward community facilities (such as libraries, parks etc) that future residents may need.
  • payment of the State Government Long Service Levy payments for builders - and as of 1 January 2006 the current levy rate is 0.35%* of the value of building and construction works costing $25,000 or more (*subject to change).

Applicants and submitters should be aware that Councillors cannot indicate their voting position prior to a Council Meeting nor convey any suggestion of willingness to provide concessions or peripheral treatment to applicants or objectors.

How is my Development Application Determined? - new version TBC

 

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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 an individuals (or companies) association with North Sydney Council.  Examples 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.

Read more on the - External Assessment of Applications Brochure (23KB) 

 

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How long will it take for my Development Application to be determined by the Council?

Council will endeavour to complete the assessment of the application within sixty (60) days from the date of lodgement, excluding any time the applicant takes to provide Council with additional information required to assess the application.

Please maintain contact with the Assessing Officer throughout the process.

If in the opinion of Council Officers any significant issues of public interest or policy and material impacts are identified, the application will most likely be reported to North Sydney Independent Planning Panel meeting, otherwise a decision will be made by qualified Planning and Development staff.

NSIPP Information

The NSIPP is a Determining Body, with delegated authority to consider and determine development applications or any other matters referred to it by the General Manager.

A development application workflow and timeframes chart is below, and provides indicative information on how an application will be processed.

Development Application Workflow and Timeframes - new version TBC

 

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How long do my approvals last for?

  • Development Consent: Works approved in the Development Consent must be commenced within a period of five years from the date shown as the commencement date. The lapse date is also shown on the consent. If you modify your Development Consent, the commencement and lapse dates do not change from those shown on the original consent.
  • Construction Certificate: Works subsequently approved in the Construction Certificate must also be commenced prior to the lapse date on the Development Consent, irrespective of when the Construction Certificate was approved. This is because a Construction Certificate can only be valid for the same duration as the preceding Development Consent.
  • Complying Development Certificate: Works approved in the Complying Development Certificate must be commenced within a period of five years from the date shown as the commencement date. The lapse date is also shown on the certificate.

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Who are private certifiers?

The State Government, through The Department of Planning (DoP), has set up a system that allows certain individuals to become accredited as certifiers. These certifiers require certain levels of knowledge and experience to become and remain certified under this system.

Council does not keep a list of the accredited persons as it is always changing. The DoP can advise you on the list of accredited private certifiers.

 

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When do I need owners consent for works to a party wall?

Consent is required from owners for works to a party wall, or works which rely on a party wall for lateral or vertical support, further information is available here (95KB).

 

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