The Development Application concept and pre-lodgement stage can be summarised as follows:
Step 1 You need to establish what is permissible on your property, what potential hazards affect your property and what controls apply to the proposed development.
To assist you in this step, please contacts Council's Environment and Sustainability Department who can help you determine the more common permissible uses and the relevant controls applying to a specific property and identify what hazards, if any, apply to your property.
Consider all design issues taking into account the site, its context, the specific development controls that apply to the proposal, together with any hazards that affect the land and prepare concept plans.
Talk to your neighbours and to any local community groups about your concept plans to assist them to understand your proposal. Consider their concerns and seek to compromise to achieve a satisfactory outcome.
Step 4 (Optional)
Attend a pre-lodgement meeting and discuss you concept plans with Council staff. This will involve a detailed discussion of your proposal. To arrange an appointment please contact the Environment and Sustainability Department on 1300 345 345.
Complete Council's development application form and checklist and ensure that all information is provided including the payment of fees. Submit your application with clear plans, relevant Statement of Environmental Effects, and the necessary technical reports relevant to your development.
The development application lodgement and processing stage can be summarised as follows:
Step 1 To arrange an appointment please contact the Environment and Sustainability Department on 1300 345 345. You may be delayed for an unspecified time if no appointment is made. When you lodge your application a council officer will go through the application checklist with you to ensure that all the relevant documentation is included and that you have addressed all the issues. Only complete development applications will be accepted.
Step 2 Your application will be allocated to an assessing officer and be referred, as necessary, to other State Government authorities and to internal specialist staff for their assessment and comments and in some cases notification letters sent to will be sent to adjoining neighbours and advertised in the local paper.
Step 3 If there is information missing from the application that is necessary for assessment an additional information letter will be sent to the applicant. During the time Council is waiting on this information the application clock will stop. You will be given several opportunities to provide this information, should you choose to not supply the information as required Council will have to asses the application based on the information at hand and the application may not be approved.
Once all information is received through the notification and referral process, and any additional information required have been received, the assessing officer will compile the information ready to commence assessment.
Step 4 The assessing officer will carry out a site inspection, evaluate your proposals compliance with development controls, statutory requirements and any relevant objections, complete a report on the development and make a recommendation.
Step 5 The application will be determined based on the nature of the development, its compliance with controls, neighbourhood issues and Council's delegation manual.
After receiving the Development Consent the following steps need to be completed:
Upon receiving the Development Consent, you will notice that there are conditions that must be complied with. The Development Consent is structured to assist the project management of the development.
Decide who is to be the Principle Certifying Authority (PCA), either Council or an accredited certifier.
Ensure that those matters in the Consent required to be done prior to the issuance of a Construction Certificate are completed.
Apply for the issue of a Construction Certificate either through Council or a private accredited certifier.
The Construction Certificate, when issued, will require certain matters to be carried out. Also check the Development Consent as to what matters are required to be carried out prior to commencement of any works.
Ensure all matters required to be carried out prior to commencement of works are done.
Check the Development Consent as to what is required to be carried out prior to occupation and ensure such are done.
It is common for Consents to require ongoing compliance. You should ensure that these conditions are conformed with.
The following information is provide should an applicant want to modify, reconsider or appeal a development consent:
Modification of a Development Consent
Should an Applicant want to make changes to a development which has already been approved, a Modification Application can be made where these changes do not substantially change the development. A fee will be charged for this process.
Should an Applicant be dissatisfied with Council's determination of an application, a Request for Reconsideration can be made. The Reconsideration will be dealt with by the elected Council or a higher level of delegation than the original determination. A fee will be charged for this process.
Should an applicant be dissatisfied with Councils' determination of an application or the application is not determined by Council within the statutory time frame, they can lodge an Appeal to the Land and Environment Court which will then determine the application.
The decision (Approval/Deferred Commencement Approval/Refusal) will be made by the appropriate level of delegation, ie: Planning Officer or Council meeting.
A description of the options are as follows:
Your application may be determined by the assessment officer under specific delegation criteria, this is know as approval under delegated authority.
Some applications are referred to Council for determination. In this case the assessment officer will prepare a report with a recommendation and the final decision will be made by Councillors. This happens either where a matter has been 'called in' by a Councillor for determination, or it is beyond the assessment officers’ delegation, or is considered to have a high degree of public interest or environmental impact.
a) Development Consent is given with Conditions which must be followed. All submissions received a written notification. Referral agencies/authorities receive written notification of the determination.
b) Refusals are supplied with reasons. All submissions received a written notification. Referral agencies/authorities received written notification.
Once Council has determined the application the applicant is notified by mail. The application is also added to a list which is released each month. This list is included in local newspapers and a copy uploaded to the web. For the latest list of determined applications please go to the Approved DA's page
You may be an adjoining owner to a development or you may have seen an advertisement in the local paper for a development which you would like to comment on. Both an individual notification letter and an advertisement will have dates in which you will need to provide your submission to Council.
If you are an adjoining owner that has been notified of a development you will receive information about the development with your notification letter. Should you wish to find out more about the application you can visit Council's offices and speak with the Planner on duty or the Applications Coordinator. If the development application has been advertised in the newspaper a package of development documents will be available for perusal at Council's offices the date the application goes on exhibition. Should you have questions relating to an application on exhibition or notification you are welcome to visit or call any office and speak with staff.
Making a Submission
If you choose to make a comment or an objection to a development application, you need to make a submission in writing and address it to the General Manager, Snowy Monaro Regional Council. It must reference the development application number and the grounds for objection are to be clearly stated.
Acknowledgment of Submissions
When we have received your submission, Council will acknowledge your correspondence and the issues raised will form part of the assessment of the development application.
Submissions are NOT kept confidential. Council releases submissions when a request is made in accordance with privacy laws and the relevant provisions under the Government Information (Public Access) Act 2009.
When we do release a submission by law, we routinely withhold contact numbers, email addresses and signatures.
In the case of applications referred to a Council meeting for determination, the name and address of the person making the submission will be part of the information included in Council's Business Paper.
If you have given a gift or made a donation to a councillor, an employee, or an approved contractor of the Snowy Monaro area within the past 2 years, by law you must include a disclosure statement with your submission. This statement can be found on Council's website in the application forms section.
Assessment and Decisions
Assessing officers will determine the majority of development applications under delegated authority however some applications will be sent to Council for determination.
If the application is to be determined by Council, you will be advised by the assessing officer of the date and time of the meeting, which you may attend and speak during the public forum section of the meeting. Due to the short time frame between the agenda being published and the meeting taking place it is not always practical to post a letter to submitters. We ask that you provide a daytime telephone number or an email address so that we can contact you quickly.
If you have made a submission to a development application you will be notified in writing when it is determined.
Neighbours and other third parities do not have a general legal right to be a party in appeal proceedings (excluding designated development).
In NSW there are limited appeal avenues for submitters to development applications. Third party merit appeal rights under section 98 of the Environmental Planning and Assessment Act only apply to “designated development”. In all other cases the only avenue available is to appeal based on evidence that there has been a breach of law in the granting of consent, or otherwise in the administration of the Environmental Planning and Assessment act 1979. These proceedings can be brought before the court under section 123 of the Act.
If you have such evidence it should be provided to Council in writing. We strongly advise that you should take legal advice before commencing such action.
Disclaimer – nothing above should be read as giving legal advice. You should seek your own legal advice and review the Court’s Practice and Procedures.
For more information on appeals the Land and Environment Courts “Self Help” page is a good place to start .