The Development Application process

What happened to Building Applications?

Why do I need Council approval?

Can I build without Council approval?

Local Development

Integrated Development

Application forms

What happens to your Application?

Development Control Plans

Who can I talk to about my application?

Recommended links

What happened to Building Applications?

During 1998 changes were introduced to the methods previously adopted for obtaining approvals to undertake the various types of Development Assessment work normally approved by Council.

The term "Building Application" was withdrawn and replaced with the term "Construction Certificate" which was no longer a separate application but became part of the Development Consent process.

Different categories of Development were also introduced at that time. These are:

• Exempt Development - Provided preset standards in Council's DCP 20 "Exempt and Complying Development" are met, no approval is required. (pdf 172 KB)
• Complying Development - Approval may be obtained from Council or an accredited certifier and must be given where the development meets certain pre-determined criteria. This criteria is outlined in Council's Local Environmental Plan 2011. A Complying Development Certificate may be issued by an accredited certifier or Council.
• Local Development - Council must assess the merits of the individual application, including any submissions before deciding whether to approve or refuse the application.
• Integrated Development - Similar to Local Development but includes referral requirements to certain State Government agencies or departments.
• State Significant Development - The Minister for Infrastructure and Planning will assess and determine the application.

Why do I need Council approval?

Through Local Environmental Plans, Development Control Plans and other policies, Councils regulate building and development within the community.

By seeking approval for your development, Council is able to assess each development application on its merits, according to planning policies and documents. Through this process, Kiama Council:

• implements environmental and community safety objectives
• provides the opportunity for community input into decisions
• provides an independent, impartial and objective framework for decision making
• acts in the public interest, at arms length from the parties involved.

Can I build without Council approval?

Some structures qualify as exempt development or complying development, which means they require no approval or the approval process is simplified.

If you want to build a structure that meets Council's definition of exempt development (as defined in the current Local Environmental Plan 1996), then you will not need Council approval.

This is because Council has already determined, and the community has agreed, that structures defined as exempt development have minimal or no impact on neighbours, such as some garden sheds, small pergolas or barbeques.

If you want to build a structure that has been defined as Complying Development, then you do require approval. However, this approval can be obtained either from Council or a privately accredited professional. An application for a Complying Development Certificate will be fast-tracked through the system, as Council has determined, and the community has agreed, that such structures have minimal impact on neighbours and the community, such as some single-storey dwellings or minor additions.

To find out if your proposed structure qualifies as exempt or complying development, contact Council on 4232 0444 during business hours and discuss what you are planning with Development Assessment staff.

Local Development

If your proposal does not meet the strict criteria as exempt or Complying Development then you will need to lodge a formal Development Application with Council.

The Development and Construction Certificate Application Form (pdf 539 KB) which includes our information package may also be downloaded.

Before you submit your application, check that you have compiled all the information Council requires in order to assess your application. Failure to provide sufficient information leads to lengthy delays in the approval process.

Kiama Council has worked hard to make submitting an application as easy as possible. Despite this effort, potential applicants need to recognise that New South Wales Planning Legislation is complex to administer.

To enable you to self-check the information needed to be lodged with the application, Kiama Council has developed a Development Application Pre-lodgment Checklist (pdf 33 KB) which should be used as a guide to the minimum amount of information required to be lodged.

You also need to know if your application is defined as Integrated Development. You can check this against the information provided below.

Integrated Development

Some types of development also require an approval, licence or permit from another State agency or department, as well as Development Approval from Council. Below is a checklist that outlines some of the common definitions of Integrated Development that require a referral. Any proposal which involves works that require:

• excavation or removal of material within 40m of a river, lake or lagoon
• cutting, removing, damaging or destroying marine vegetation
• damaging, moving, altering or undertaking any development on an item listed on the Heritage Act (State Significant Development)
• destroying, defacing or damaging an Aboriginal Relic or Aboriginal Place
• licences to pollute
• erecting a structure or working within Crown roads, tollways or freeways.

If your proposal fits this checklist then you will need to provide an additional fee with your application for Integrated Development to the amount of $250 for each authority from whom you are seeking approval.

Application forms

Development and Construction Certificate application form (pdf 325 KB)

» Use this form to apply for Development Consent and/or Construction Certificate for the use of land, the subdivision of land, the erection of a building, the carrying out of a work and/or the demolition of a building or work.

Development Application Pre-lodgement checklist (pdf 33 KB)

» Use this form to self check the information needed to be lodged with a development application. This should be used as a guide to the minimum amount of information required to be lodged.

Application to Modify Consent (Section 96) (pdf 42 KB)

» Use this form to apply to modify an existing current development consent.

Building Certificate application

» Use this form to apply for a Section 149 Certificate (pdf 104 KB). You may require this type of certificate in the event of you purchasing or selling your Home as confirmation that all building work(s) meets Council's requirements.

Notice of Commencement of Work/Appointment of Principal Certifying Authority (pdf 34 KB)

» Use this form to apply for a development consent and also to advise the intended commencement date of works. This form MUST be received by Council no later than two (2) days prior to the commencement of works.

Subdivision Certificate Application (pdf 36 KB)

» Use this form to apply for a Subdivision Certificate. Please note that a Subdivision Certificate will be required for ALL subdivisions unless it is classified as exempt under the provisions of Council's DCP 20 "Exempt and Complying Development" (pdf 172 KB)

Complying Development Certificate Application Form

» Use this form to apply through Council for a Complying Development Certificate. Approval may be obtained from Council or an accredited certifier and must be given where the development meets certain pre-determined criteria. This criteria is outlined in Council's DCP 20 "Exempt and Complying Development" (pdf 172 KB).

Septic Tank Installation Application (pdf 58 KB)

» Use this form to apply for approval or to amend an existing approval for the installation of a septic tank.

Certificate of Installation of Hot Water Service (pdf 15 KB)

» Use this form to certify that the new/replacement hot water service has been installed to deliver hot water to a maximum of 50º Celsius at the outlet of all sanitary fixtures in accordance with the conditions of approval. This form is required to be signed by a licensed plumber.

Certificate of Installation of Reduced Water Flow Device (pdf 11 KB)

» Use this form to certify that the reduced water flow device(s) have been installed to shower heads in accordance with conditions of approval. This form is required to be signed by a licensed plumber.

Certificate of Installation of Smoke Detector (pdf 9 KB)

» Use this form to certify that smoke detector(s) have been installed in accordance with the conditions of approval. This form is required to be signed by a licensed electrician.

What happens to your Application?

The following table provides an insight into the process your application will go through following submission. (This table is reproduced from Planning NSW document "Guiding Better Development")

Development Control Plans (DCP)

Kiama Council has a number of DCPs covering various types of development within the Kiama Local Government area. You should check these documents to see if the type of development you propose meets the objectives and criteria outlined within the specific document.

Who can I talk to about my application?

Development Assessment Unit (DAU) - Kiama Council currently offers a free service to customers who are considering the following types of development:

• dual occupancy
• unit development
• commercial development
• industrial development
• any large scale development proposal.

The Development Assessment Unit (DAU) is a team comprised of Council's Senior Town Planner, Senior Building Surveyor, Tree Management Officer and Council's Subdivision and Development Engineer.

The DAU currently meet each Wednesday to jointly discuss development proposals which will require referral and assessment by the whole unit.

It may be beneficial for you to attend the DAU meeting to discuss your proposal prior to lodging the application with Council, where, on presentation of your concept plans to the unit, it may be possible to discuss and address any obvious issues with your proposal prior to lodgement.

If you are considering any of the above development types, please contact Council's Planning Division on 4232 0444 to arrange for a suitable appointment time.

Recommended links

The New South Wales Office of Fair Trading

Provides information about the building and development application process and other important information.

GST and Property Guide

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 GST and Property Guide on the Australian Taxation Office website.