How DAs are assessed

There are a number of ways your Development Application may be assessed and determined:

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 deviate (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 deviate 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 Local Planning Panel (WLPP). The DBU also refers applications to WDAP where there are significant public interest or policy issues.

Waverley Local Planning Panel

This is a panel of expert planning professionals, industry specialists and community representatives who have delegation to determine significant DAs in the Waverley area. This includes DAs where Council is the landowner, and other types of development which are more than $3 million in value, or where there are a certain number of unresolved objections, depending on the type of development. The charter which outlines the delegations of the Panel are available upon request.

The Panel meets on the fourth Wednesday of the month between 11:00am and 12 noon (depending on the number of matters to be determined). Prior to the meeting, the Panel members undertake an inspection of the sites to be considered on the agenda.

The agenda for the Waverley Local Planning Panel contains the assessment report and a recommendation about the development application for the Panellists consideration. Meeting agendas, including reports, can be viewed online from the Wednesday afternoon prior to the meeting.

For more information, please visit the Waverley Local Planning Panel webpage.

Sydney Planning Panel

The Sydney Eastern City Planning Panel is an independent panel who provides merit-based decision making on regional development.

Waverley Council must refer Development Applications that meet the following criteria to the Sydney Planning Panel for determination:

  • development with a capital investment value (CIV) over $30 million
  • development with a CIV over $5 million which is
    • council related
    • lodged by or on behalf of the Crown (State of NSW)
    • private infrastructure and community facilities or
    • eco-tourist facilities
  • extractive industries, waste facilities and marinas that are designated development
  • certain coastal subdivisions
  • development with a CIV between $10 million and $20 million which are referred to the regional panel by the applicant after 120 days
  • crown development applications (with a CIV under $5 million) referred to the regional panel by the applicant or local council after 70 days from lodgement as undetermined, including where recommended conditions are in dispute

The Panel Co-ordinates the determination of the application. For more information, please visit the Sydney Planning Panel 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 8.2 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 4.55 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.

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