The Development Application Process

1. Lodgement

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.

Step 2

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.

Step 3

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.

Step 5

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.

 

2. Processing

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.

 

Reconsideration

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.

 

Appeal

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.

 

3. Approval

After receiving the Development Consent the following steps need to be completed:

Step 1

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.

Step 2

Decide who is to be the Principle Certifying Authority (PCA), either Council or an accredited certifier.

Step 3

Ensure that those matters in the Consent required to be done prior to the issuance of a Construction Certificate are completed.

Step 4

Apply for the issue of a Construction Certificate either through Council or a private accredited certifier.

Step 5

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.

Step 6

Ensure all matters required to be carried out prior to commencement of works are done.

Step 7

Check the Development Consent as to what is required to be carried out prior to occupation and ensure such are done.

Step 8

It is common for Consents to require ongoing compliance. You should ensure that these conditions are conformed with.

 

4. Modification

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.

 

Reconsideration

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.

 

Appeal

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.

 

5. Determination

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:

 

Option 1

Your application may be determined by the assessment officer under specific delegation criteria, this is know as approval under delegated authority.

 

Option 2

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.

 

Determinations 

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.

 

6. Register

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

 

7. Submissions

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