The DA process

Waverley Council follows a standard process to assess Development Applications. Here is some basic information about the lodgement process and the various steps that your application will go through before it is determined.

DA progress chart

Before you lodge your Development Application

Before lodging your Development Application you should first obtain a Development Application Pack. These are available from Council’s Customer Service Centre at 55 Spring Street, Bondi Junction, or you may download the individual forms from the Development Assessment Package webpage.

The DA pack contains details of the type of information that you will need to lodge with your application, including a Development Application checklist and application form. Be sure to check you have completed all of the necessary forms and provided all necessary information, as our customer service staff cannot accept your application if anything is missing.

Lodging your Development Application

To lodge your application, please bring your completed Development Application Pack to Council’s Customer Service Centre. Our customer service staff will check your application and calculate the application fee. You will be given an application number and referred to pay the application fees. This acknowledges that your Development Application has been successfully lodged.

The assessment process

There are a number of steps that need to be followed before your application can be determined.

The path that your application follows will not be immediately known. We suggest that you either contact our customer service staff about four weeks after you lodge your application to keep up to date with progress, or check the progress online.

The majority of applications determined by our Assessment Officers under delegation are done so in less than 40 days. More complex applications and those that must be referred to the Waverley Development Assessment Panel (WDAP) can take longer than this.

Community consultation

We notify owners and residents of properties in the vicinity of your proposal so they have an opportunity to provide comment, and we also advertise Development Applications in the local newspaper. We notify local Precinct Committees of all applications received within their area.

Generally, the time allowed for feedback is either 14 or 30 days (depending on the type of DA). Our customer service staff will be able to advise you of the length of the notification period. You will generally be able to view any comments made about your application.

Specific details of our policy on advertising and notification are contained in the Waverley Development Control Plan 2012– Part A3, Advertising and Notification.

Submissions

Submissions on a particular DA may be lodged in writing to Council within the specified notification period to info@waverley.nsw.gov.au. If the submission is an objection, please detail the grounds of the objection.

Council will consider all submissions before making a decision. Anyone who has made a written submission will be advised of the outcomes once the DA has been determined.

Who will assess your application?

Applications are allocated to an Assessment Officer in chronological order and as an Assessment Officer becomes available. This may not occur as soon as the notification period is over. The Assessment Officer will telephone you when your application has been allocated to them.

The assessment process may include a site inspection and we may need to gain access to your property. You can help this process by providing a daytime telephone contact number.

The Assessment Officer will also consider any submissions that are received about your application. They may need to undertake a view of your property from nearby properties to determine the impact of your proposal on these properties. The Assessment Officer will then prepare a report which includes a recommendation (ie. approval, deferral or refusal).

Determination

A Development Application can be determined in the following ways:

Delegated authority

The Assessment Officer who has been allocated the application prepares a report and has the authority (delegation) to make a decision about the application. Delegation is restricted to applications where no objections have been received and/or where applications do not depart (other than in a minor degree) from statutory provisions and Council codes and policies. Approximately 50% of development applications are determined this way.

Council’s Development and Building Unit (DBU)

Development applications are referred to this staff committee where objections are received and/or applications depart from statutory provisions and Council codes and policies.

The DBU has delegated authority to make a decision about these applications unless a Councillor has recommended or the General Manager has requested they be referred to the Waverley Development Assessment Panel (WDAP). The DBU also refers applications to WDAP where there are significant public interest or policy issues. The DBU usually meets weekly.

Waverley Development Assessment Panel (WDAP)

This is a panel of expert planning professionals, industry specialists and community representatives who have delegation to determine significant DAs in the Waverley area. The Panel meets on the fourth Wednesday of the month at 11:00am. Meetings are held at the Council Chambers on Level 3, on the corner of Paul Street and Bondi Road. Prior to the meeting, the Panel members will undertake an inspection of the sites to be considered at the meeting.

The agenda for the WDAP contains reports about a number of DAs. Each report contains an assessment and recommendation about the development application to help Panelists to make a determination on a proposal.

Meeting agendas, including reports, can be viewed online from the Wednesday afternoon prior to the meeting.

For more information, please visit the WDAP webpage.

For more information about DA determination, please visit the How DAs are assessed webpage.

Right of appeal

You can appeal against Council’s decision in the Land and Environment Court within six (6) months of the date of the Determination Notice. Alternatively, you can seek a Review of Determination by Council under Section 82A of the Environmental Planning and Assessment Act 1979.

If you are dissatisfied with a condition of the consent, you may apply to Council under Section 96 of the Environmental Planning and Assessment Act 1979 to have the condition removed or varied. You need to give reasons or supply such additional information that supports your application. You can discuss this with your Assessment Officer.

Conditions of approval

Development consents are generally valid for five years unless a condition of your consent specifies that it lasts for a shorter time. All development consents will have a number of conditions attached and it is important that you read and understand all of them.

If you fail to comply with any requirements, your development may be stopped and/or fines imposed. If you have any queries about any conditions please contact the Assessment Officer whose name appears near the end of the consent notice.

GST and property

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 Australian Taxation Office website.

New DA requirements

From 1 October 2014, all building applications submitted to Council must include a CD / USB that contains all forms, plans and documents in soft copy.

Download the information sheet to find out more.

Need planning advice?

Contact Council's Duty Planner

  • Phone 9083 8484
  • Visit in person at our Customer Service Centre, 55 Spring Street, Bondi Junction