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.
- Before you lodge your Development Application
- Lodging your Development Application
- Assessment process
- Community consultation
- Who will assess your application?
- Right of appeal
- Conditions of approval
- GST and property
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 Application Forms page.
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.
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.
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, as it will depend on the extent that your application complies with the Council's LEP and DCP controls, the number of submissions received and the complexity of the proposal. To keep up to date, please check the progress online via the DA tracker.
The majority of applications determined by our Assessment Officers under delegation. More complex applications that require review from the DBU and those that must be referred under legislation to the Waverley Local Planning Panel (WLPP) and can take a longer time to assess.
We notify owners and residents of properties in the vicinity of your proposal so they have an opportunity to provide comment. We also 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. To view any comments made about your application you must make a request from Council's Customer Service Centre.
Specific details of our policy on advertising and notification are contained in the Waverley Development Control Plan 2012–Part A3, Advertising and Notification.
Any person can make a submission whilst an application is on notification and all submissions will be considered by the Assessment Officer as part of the assessment process for the application.
The majority of plans and documents will be available for viewing on Council’s website by entering the address or development application reference number through the Development Application Tracker.
All plans and related documents for current applications can be viewed and copied at the Customer Service Centre located at 55 Spring St Bondi Junction, between 8.30 am and 4.30 pm, Monday to Friday.
Requirements for a making a submission:
- It must be in writing.
- It must indicate who is making the submission, or on whose behalf it is being made, the relevant address, contact phone number and email address.
- If it is an objection, it should identify the reasons for the objection and any impacts that the objector says will arise from the proposal.
- If there is a satisfactory solution to an objection, it should outline this.
- It should only relate to ‘planning matters’ that are capable of being considered under the relevant legislation.
- It should be succinct – there is no need for a submission to undertake a detailed assessment of the development against the development standards and controls.
The preferred way to lodge a submission to a development application is via email to: firstname.lastname@example.org
Please note that your submission, including your personal information, may be viewed and copied by, or provided electronically to, members of the public under the Government Information (Public Access) Act 2009. Submissions will not be published on Council’s website. The supply of your personal information is voluntary. However, if you do not provide your contact details, Council may be unable to give proper consideration to your submission, or to contact you or update you about your submission. Please advise Council if you require your personal information to be withheld. You are entitled to access and correct the information you provide. Questions concerning privacy or the use of your personal information should be referred to email@example.com
Submissions to Councillors: In 2013, Waverley Council implemented an Independent Hearing and Assessment Panel to determine certain types of development applications. This approach has now been mandated for all Sydney Councils. Councillors are no longer involved in the decision-making process of Development Applications so submissions should not be directed to Councillors.
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).
A Development Application can be determined in the following ways:
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 the General Manager has requested they be referred to the Waverley Local Planning Panel. The DBU also refers applications to Local Planning Panel where there are significant public interest or policy issues.
Waverley Local Planning Panel (WLPP)
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. 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 Waverley Local Planning Panel contains reports about a number of DAs. Each report contains an assessment and recommendation about the development application to help panellists 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 Waverley Local Planning Panel webpage.
For more information about DA determination, please visit the How DAs are assessed webpage
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.This application MUST be made within 8 weeks of the determination date of the development consent to ensure that it can be assessed within the statutory timeframe. If you are seeking a review of a Section 4.55 application, then your application for a review MUST be made within 28 days of the determination date of that decision.
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 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.
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.
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.
Contact Council's Duty Planner
- Phone 9083 8484
- Visit in person at our Customer Service Centre, 55 Spring Street, Bondi Junction