What is a Development Application?
A Development Application is a formal request to the council to gain approval to carry out a development. Depending on the complexity of your project, the application process may be smooth and simple or more timely. Each council has its own requirements and getting approval will depend on your plans meeting these requirements. Including:
- The size of your development
- The location of your project- there may be more restrictions on your land depending on its location.
- The heritage status of the land or existing property- this will significantly affect what changes can be made
Even if your plans are pushing the boundaries of these restrictions, it doesn’t necessarily mean that it won’t be approved, but it will be assessed on its merits against the performance criteria.
What is the process?
Once you have lodged your application the process is as follows:
- Your plans will go on display for the public to view. This allows your neighbours or any interested parties to view your plans and raise any concerns, should they have any.
- The council will assess your Development Application. They will assess it against all the relevant controls which include State Environmental Planning Policies, Local Environmental Plans and Development Control Plans.
- If your application doesn’t comply with any of the controls, it doesn’t necessarily mean it will be denied. It will then undergo a merit assessment to establish whether the negatives outweigh the positives
- If your application is approved, you will be granted developmental consent. Your project may be given some conditions to follow during the process. These could be anything from what works need to be completed before you occupy it to what materials you can/can’t use.
- On the other hand, if your approval is denied, you can request for the council to review it later or you can submit an appeal to the Land & Environment Court.
Don’t fall for assuming that because the neighbours’ plans were approved that yours will be too. Each property is different, the land, context, availability, timing and other constraints can all affect the outcome of your application.
The regulations and assessment requirements are often changing, so it can be overwhelming trying to navigate them without experience. We take it upon ourselves to ensure that we are on top of these changes and can guide you through the process.
We can help you throughout this process, contact us today.
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