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Developing in Waverley

Before you can make changes to a building or occupy premises in the local area you need to check what approvals you may need from Council. Outlined below is the steps through the Development Application process.

Step 1: Check whether your proposed development is either Exempt or Complying Development

It is recommended that you check to see whether your proposal is exempt from Council approval or you can gain permission to carry out the works through a Complying Development Certificate from a Accredited Certifier.

Any development that is not Exempt or Complying Development requires a development application.

Step 2: Check whether your land is suitable for the works you wish to carry out

It may be a good idea to obtain a Section 10.7 Planning Certificate to identify the land constraints on your property.

Step 3: Determine the planning controls for your property

If you need to lodge a development application, you need to determine what controls apply to your proposal, referring to the Local Environmental Plan (LEP) 2012 and the Waverley Development Control Plan 2012.

Waverley Council offers public access to interactive maps of the Waverley Local Government Area (LGA) which contains the key planning controls in the Local Environmental Plan. Click here to be directed to the Online Maps.

You can also seek advice from Council’s Duty Planner, 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.

Step 4: Submit a Pre-DA application

Depending on the type of development proposed, you may chose to submit a Pre-DA (Development Application) to Council which will be reviewed by Council’s Assessment staff and advice provided to help you to finalise your DA proposal.

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 written advice on the proposal. The Duty Planner doe not provide Pre-DA advice.

A formal application, with plans and payment of a fee is required for this advice. Please call Council's Customer Service Centre on 9083 8000 for a fee quote. For further information regarding the process, including the application form, click here.

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 incomplete.

The Development Application webpage provides all the necessary information you need to submit a DA.

Step 6: Lodge your Development Application

Applications can be lodged in person at Council's Customer Service Centre between 8.30am to 1pm and 2pm to 4pm, Monday – Friday at:

Waverley Council Customer Service Centre, 55 Spring Street, Bondi Junction

Submission of Development Applications, including S4.55 and S8.2 Review Applications, Complying Development Certificates and post consent certificates such as Construction Certificate, Occupation and Subdivision Certificate applications will be accepted via the NSW Planning Portal from 1 July 2020 and will become mandatory before the end of 2020.

The cost of your Development Application is dependent on the nature of the application, the estimated cost of works and the notification requirements. Administration/processing fees also apply and the Building Enforcement levy (this levy ensures that building sites throughout Waverley comply with relevant development consent conditions to ensure that appropriate environmental protections are in place to reduce impacts on the stormwater system, neighbourhood amenity and the environment).

Fees are calculated using Council's fees and charges policy. You can call Council's Customer Service Centre for a fee quote prior lodgement. Fees must be paid upon lodgement or if submitted via the NSW Planning Portal paid within 48 hours of the application being accepted.

You are required to provide all your DA documentation in electronic format, most of which will be available online for viewing by the public.

Step 7: Development Application assessment

For each DA, Council is 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, please visit the How DAs are assessed webpage.

Council may reject an application within 14 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 a Development Application Tracking system that allows people to view the current status of applications and certain documents that form part of 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. The applicant of the application will be emailed and sent a link to download an electronic copy of the Notice of Determination and associated stamped plans/ documents.

Once the DA is approved, it is necessary to check and ensure you meet the conditions of consent imposed.

If you are dissatisfied with Council’s decision, the Environmental Planning and Assessment Act provides a number of options for you to appeal:

• Seek a Review of Determination ( under s8.2 of the Environmental Planning and Assessment Act 1979) by Council. The application for review must be lodged and determined within six (6) months of the date of determination.

• Seek a Modification of the approved plans or conditions of consent (under s4.55 of the Environmental Planning and Assessment Act 1979). The application would seek to modify those components of the consent which you are dissatisfied with. You would be required to submit an application to Modify the Development consent.

• 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, and we recommend that you speak with Council before requesting a review of a determination.

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 carried out.

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 cannot 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.

Please visit the Construction Certificate webpage for more information.

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 Sheet (42KB)