Do I need to submit a DA?
Most development in our local area requires a Development Application (DA). In the NSW Environmental Planning and Assessment Act 1979 development is described as:
- using land
- subdividing land
- erecting a building
- carrying out work
- pruning or removing trees
- any other matter controlled by an environmental planning policy (Kiama Local Environmental Plan 2011)
Some minor developments do not require Development Consent. These are called exempt development.
Exempt development can be carried out in most parts of our Municipality, except on some environmentally sensitive land such as below a foreshore building line or in bushfire-prone land. Exempt development also cannot be carried out on some land containing heritage items.
Check if your proposal fits the criteria for exempt development in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP). It your proposal is not exempt, you will need to obtain formal development consent unless it is a complying development.
Some small-scale residential, commercial and industrial development can be carried out as complying development. Complying development can be approved by a Council officer or private certifier.
This process aims to have a decision made within 21 days. Approved developments then receive a complying development certificate.
To qualify for complying development, you must comply with Building Code of Australia (BCA) standards and satisfy all development standards and land requirements in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP).
Complying development does not apply to environmentally sensitive land, land containing heritage items or foreshore areas. More information on land where the code does not apply is available in the SEPP.
Under the SEPP, you first need to identify the category your proposal fits into and meet the controls outlined:
Complete the following forms to lodge a Complying Development Certificate Application:
If your development proposal does not meet exempt or complying development criteria, you will need to lodge a Development Application (DA).
A copy of Council's Development Application Submissions Guide is available here.