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Step 9 - Assessment and determination of your application


Council is required to take into account matters for consideration contained in Section 4.15 of the Environmental Planning and Assessment Act 1979 when assessing Development Applications. These following matters are included:
 

Any Environmental Planning Instrument

These are important statutory controls for assessing a development application and include documents such as the Hurstville and Kogarah Local Environmental Plan 2012. These plans sets out what types of development are permitted and what types are prohibited on your land.
 

Any Draft Plan that has been Placed on Public Exhibition

Council sometimes reviews its statutory controls. During any review, Council is required to ensure that development proposals are not only consistent with existing controls, but the also the future planning intentions of Council and the community as indicated in draft Local Environmental Plan.
 

Any Development Control Plan (DCP)

Council’s Development Control Plans are designed to provide more detailed guidance for various types of proposed development and often contain requirements that seek to control the impact that your development might have on a neighbour's property. You should review the parts of the DCP that are relevant to your proposal and demonstrate how you satisfy the requirements within in your Statement of Environmental Effects.
 

The Likely Impacts of the Development

This consideration requires Council to assess how your development responds to its surrounding natural and built environment and, in particular, how it relates to the character of the neighbourhood. 

This does not mean that the development has to be identical to other buildings in the street or area but it does mean that, in terms of height and size for example, the development should reflect the character of the locality in which it is to be located. Other issues that fall within, 'likely impacts' include solar access, visual and acoustic privacy and view corridors.
 

The Suitability of the Site for the Development

This consideration requires Council to assess your development against constraints that may affect the development potential of certain sites such as natural hazards including flooding or land subsidence, significant trees or threatened species, the effect of heritage listings, transport demands, and availability of open space and recreation areas.
 

Any Submissions made and the Public Interest

Council places the majority of Development Applications it receives on public notification. Council is required to take into consideration matters raised in submissions during the assessment of an application.

  • Amended Plans

    If your plans are found to be significantly deficient or have major non compliances with the development standards in our planning instrument we are unlikely to accept amended plans.  We will help you to achieve a satisfactory development but there are some cases where the acceptance of amended plans will hold up the process and be unlikely to achieve a satisfactory outcome.

    It is much better if you carefully check your plans before they are lodged to ensure they comply with our requirements.
     

  • Determining your DA

    After your application has been assessed by one of our assessment officers, it will be determined by either a staff member under delegated authority, the Georges River Local Planning Panel or the Sydney South Planning Panel.

  • Notice of determination

    After your application has been determined, you will receive a notice of determination of development application.  The notice will tell you whether your application has been approved or refused.
     
    If your application is approved, the notice will list all conditions of consent and reasons for those conditions.  It will tell you when the consent becomes effective and when it lapses.
     
    If your application is refused, the notice will give the reasons for refusal.  The notice will also explain your right of appeal to the Land and Environment Court.
     

  • Conditions of consent

    If your application is approved you must ensure that the development is carried out in accordance with the conditions of consent.  You cannot alter or vary the development (or the way it operates) unless the terms of the consent are modified.

    Section 4.55 of the Environmental Planning and Assessment Act allows for modification of development consent.  Separate application documents for a Section 4.55 modification are available from council.  We suggest that you contact us before lodging a section 4.55 application.
     

  • Lapsing of consent

    Development consents are usually valid for 5 years.  The lapse date is listed on your development consent.  If your consent lapses you must lodge a new application.

  • Request an extension

    If your consent has a lapsing date of less than 5 years, you can request an extension. Extensions cannot be granted once a development consent has lapsed.

  • Surrender of consent

    If you have an active development consent and no longer wish to proceed with it, you may surrender the consent to council. Council may also require the surrender or modification of a consent as part of another consent.

  • Developer contributions

    Your notice of determination may include a developer contribution, requiring a payment towards the capital cost of providing community facilities such as open space or community facilities. 

    Developer contributions are levied where council can demonstrate that your development will increase the demand for these facilities and are determined in accordance with our Developer Contribution Plans.  This sets out the circumstances in which a contribution can be imposed, the formula for calculating the contributions and the program of works on which the contribution is to be spent.

    All developer contributions are paid into a special account. They cannot be used for other purposes.
     

  • Subdivision work and Construction certificates

    If your proposal involves building or subdivision works, you will need a construction certificate before you start work.  This application will include detailed building plans, specifications and engineering drawings.  You will be able to apply for this either to council or an accredited certifier.  You must also appoint a Principal Certifying Authority, and notify us in writing before you start any construction or subdivision work.

    The Principal Certifying Authority is responsible for issuing certificates relating to the project and for monitoring compliance with the development consent during the building or subdivision works.

    Your proposal may also need an approval or licence from another government agency.  It is your responsibility to obtain any necessary approval or licence before you start your development.

    Contact council's Certification Services for assistance.
     



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