Development Applications - Conditions of Consent

If your application is approved, it will be subject to conditions. The conditions of consent form part of the Notice of Determination and must be complied with.  This page provides additional information to help you satisfy the conditions of the development consent.

The development consent is structured in accordance with the regulatory framework at each stage of the process, leading to the occupation and use of the completed development.

The development consent is structured with headings which detail what should occur in that step of the process including:

  • Approved development
  • Prior to the issue of a Construction Certificate (CC)
  • Prior to or during construction
  • Prior to Occupation Certificate
  • Operational matters (if relevant)

Some of the conditions of consent require the approval of delegates of Waverley Council and others by the Principal Certifying Authority. Please ensure that you read the conditions of consent carefully to ensure that any matters requiring Council's approval are submitted with adequate time for review. Council requires an electronic copy of the documentation or plans (see electronic document requirements), including a covering letter to  be submitted via info@waverley.nsw.gov.au.

Approved development

This section of the consent outlines the particulars of the development or works which the consent authority has approved.

This includes the approved use and lists the relevant plans, certificates, stormwater details, materials and finishes and various special reports (arborist report, plan of management etc.) that form the approval.

This section will also outline any plan modifications which must be made to satisfy Council.

Prior to the issue of a Construction Certificate

If your application involves any building or subdivision works, you will need to obtain a Construction Certificate prior to commencing any work.

This section of the consent outlines all matters which must be addressed before you are permitted to begin any construction or demolition works.

Such common matters can include:

Prior to or during construction

Conditions under this heading must be adhered to either before construction works commence, then throughout the construction phase of the development. This will be specified in the condition. The conditions in this part relate to construction signage, construction requirements, tree protection, construction inspections, noise and construction hours.

Prior to Occupation Certificate

Before occupying or using the building which is approved under the development consent, the Principal Certifying Authority must ensure that the development has been carried out in accordance with the development consent. This includes providing documentation to certify that the works have been carried out as required and to ensure that the development is fit for use (ie. car parking is lined marked and allocated, signage provided).

Documents which may be required include:

  • Plans of Management for certain uses
  • Licenses to operate
  • Waste arrangements
  • Legal instruments where required (right of way or easements)

Once an Occupation Certificate has been issued by the Principal Certifying Authority, then the building can be used.

Operational Matters

This section of the consent is included for commercial uses, community facilities (ie. schools and child care centres), places of public worship, or residential uses such as boarding houses and backpackers accommodation, and outlines operational requirements relating to the use which the Council has approved. This includes matters such as:

  • Hours of operation (including any trial periods)
  • Patron capacity
  • Signage requirements
  • Plan of Management
  • Noise, odour and amenity matters
  • Parking and loading
  • Security

Advisory Matters

Advisory notes are located at the end of the consent providing additional information about Council policies or other matters which may arise during the construction phase of the development or after occupation.