Developing in Waverley
Any development that is not exempt or complying development requires a development application.
Step 2: Check whether you land is suitable for the works you wish to undertake
It may be a good idea to obtain a section 149 Planning Certificate to identify the land constraints on your property.
Step 3: Determine the planning controls for your property
When determining what controls are necessary you must look at:
Step 4: Organise pre-lodgement discussions
Depending on the type of development proposed, pre-lodgement discussions with Council’s Assessment Staff may be of assistance. Generally, this is available in two forms:
- Advice from Council’s Duty Officer:
- Available during Council’s normal office hours (8.30am to 5.00pm Monday to Friday) at the Customer Service Centre, 55 Spring Street, Bondi Junction or by telephoning 8305 8484.
- Formal Pre DA Advice:
A formal application, with plans and payment of a fee is required for this advice. -Download Pre Development Application Form
- Formal Pre DA advice can be of assistance where your proposal is of a significant nature or varies from an LEP or DCP control or includes a Planning Agreement.
- The advice will usually include a meeting with the Area Manager and will include a written advice on the proposal.
Step 5: Complete Development Application Form & Checklists
It is important that your Development Application is properly completed and contains all of the necessary information. The Application will not be accepted if it is deficient in any area.
Council’s Application Forms provides all the necessary information needed to submit a DA.
|Please be advised that all Development Applications lodged on or after 1 July 2013 will require just 3 hard copies (a reduction from 6) of plans and supporting documentation and 1 soft copy on a digital CD. To find out more, view the DAs going digital page.
Step 6: Lodge Development Application
Applications must be lodged at Councils Customer Service Centre between 8.30am and 4.00pm Monday – Friday at:
55 Spring Street,
The cost of your development application is dependant on the nature of the application and the notification requirements. Council's Customer Service Centre can advise on the fees for your application.
Council will scan the application and plans and provide certain components of the application on-line for viewing by the public.
Step 7: Development Application Assessment
For each DA, Council are required to:
- assess the application against all the relevant planning controls;
- consider all the objections and comments made within the advertising and notification period, and
- determine the environmental impacts of the development and whether or not it is in the public interest.
For further information download:
How We Assess Your Development Application
Making Comments & Submissions on DA
Council may reject an application within seven (7) days of receipt if it is found to be illegible or its intent is unclear. In this circumstance Council will refund the application fee.
You can withdraw or amend the proposal at any time prior to Council’s determination of the application. You must however, provide written confirmation of the amendments or the withdrawal. The submission of amended plans may require the payment of additional fees.
Council has introduced a new Online DA progress enquiry system that allows people to view the current status of applications and certain documents forming the application.
Step 8: Council determination
You will be notified of Council’s determination of your application, in writing, in the form of a Notice of Determination. Once the DA is approved it is necessary to check and fulfil the conditions of consent imposed.
If you are dissatisfied with Council’s decision, the Environmental Planning and Assessment Act provides a number of options to you:
- Seek a Review of Determination (s82A of the Environmental Planning and Assessment Act 1979) by Council as long as the application for review is lodged and determined within six (6) months of the date of determination. -
Download Section 82A Review Application Form
- Seek a Modification of the approved plans or conditions of consent (s96 of the Environmental Planning and Assessment Act 1979) to modify those components of the consent which you are dissatisfied with. -
Download Section 96 Modify Application Form
- Lodge an Appeal with the Land and Environment Court of NSW within six (6) months of the date of determination.
Council is always prepared to discuss its decision in the event that you are dissatisfied with the determination. We recommend that you speak with Council before embarking on potentially expensive legal action.
Step 9: Obtain a Construction Certificate
If you have been granted consent a Construction Certificate (CC) must be obtained before any building work associated with the DA can be commenced/carried out.
More Information & Application Forms
You may choose to have your application for a CC assessed and issued by either Council or an Accredited Private Certifier. A copy of a privately issued CC must be forwarded to Council with a registration fee within seven (7) days of its determination.
Step 10: Building Works
Your building works are to be undertaken strictly in accordance with the approved plans and conditions of development consent.
Council can not issue retrospective development consent to building work started or completed without the necessary approval. The undertaking of unauthorised work may lead to you being prosecuted and/or ordered to demolish the unauthorised work.
Prior to commencing work, you need to appoint a Principal Certifying Authority (PCA). The PCA is responsible for inspecting the works at various stages during construction and ensuring that the works comply with the development consent. You can appoint either Council or an Accredited (Private) Certifier for this role.
Notice to Commence - PCA
Step 11: Following the completion of building works
When the works are completed the Principal Certifying Authority must issue an Occupation Certificate.
This certifies that the building works are safe and have been completed in accordance with the development consent.
Prior to the issue of a Final Occupation Certificate or an Interim Occupation Certificate a Principal Certifying Authority must be satisfied that a Final Fire Safety Certificate has been issued for the building. This does not apply to Class 1a (ie. dwelling house) or Class 10 (ie. garage, shed, carport) buildings/structures.
Essential Fire Safety Measures Information.
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