Development Approvals
Development Types
Development means:
a) the use of land, and
b) the subdivision of land, and
c) the erection of a building, and
d) the carrying out of a work, and
e) the demolition of a building or work, and
f) any other act, matter or thing referred to in section 26 of the Environmental Planning and Assessment Act that is controlled by an environmental planning instrument, but does not include any development of a class or description prescribed by the regulations for the purposes of this definition.
Generally, all development requires approval following the submission of a development application. However, some minor developments may be exempt or complying and some specific developments require an activity approval.
For information on what building and development works that may be carried out without the need for any approval and those that require Development Approval, Complying Development or Activity Approvals.
You will not need to get development consent if you satisfy the requirements of DCP 49.
Complying Development
A proposed development is 'Complying Development' if it meets the set standards detailed in Queanbeyan Local Environmental Plan 1998 and Development Control Plan 49 - Exempt and Complying Development or SEPP (Exempt and Complying Development Codes) 2008. Complying developments can include some change of uses, garages, single storey dwellings, ancillary structures, alterations and additions.
The following Checklist and Guide has been prepared to assist in the assessment of Complying Development Certificate (CDC) applications for housing made under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Codes SEPP). The Guide, which explains the provisions of the SEPP in detail, should be read in conjunction with the Checklist.
Complying Development Checklist – PDF
Guide to the Complying Development Checklist – PDF
Development Applications
How a development application (DA) is assessed
1. Application Lodged
The applicant lodges their development application, plans and supporting information (such as a statement of environmental effects or for designated developments an environmental impact statement) with the consent authority. The consent authority will usually be Queanbeyan City Council or the Minister for Planning in a minority of cases. A set fee is paid, depending on the type of development, its estimated cost and whether it must be advertised. Council will receipt the application, date it, and issue a DA number.
2. Public Consultation
If required by a planning instrument, a development control plan or the Environmental Planning and Assessment Regulation, council will:
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notify neighbours of the proposal and invite them to comment on it
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advertise the proposal for comment
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refer the proposal to other government agencies if the application is for integrated development or it requires their concurrence, or if the agency has some other regulatory interest.
3. Assessment
The application will be assessed, taking into account:
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the requirements of any local, regional or state planning instrument, or other planning regulation that relates to the site or the proposed development. These may contain issues to be considered or standards that must be met
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the impact the proposed development is likely to have on the natural environment, the built environment and the local community
whether the site is suitable for the proposed development
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any submissions made by neighbours, the wider community and government agencies after the development application was advertised
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the public interest.
4. The Decision
The council will either approve or refuse the development application. If the application is approved, the council will usually set out conditions that the applicant must fulfil. The applicant can challenge the decision if he/she is dissatisfied with it.
5. Approval to begin work
If the development involves construction work (for example a building, road or stormwater drainage system for a subdivision), the applicant must apply to the council or an accredited certifier for a construction certificate. The construction certificate certifies that the work the applicant intends to do will comply with required standards.
The applicant needs to provide detailed designs and documentation with their application. These must be consistent with the plans lodged with the development application, and it must be clear that any building work will comply with the Building Code of Australia.
6. Principal Certifying Authority Appointed
Before any work can start, the applicant must choose a principal certifying authority (PCA). This can be the council or an accredited certifier. The PCA will make sure that the work is done in accordance with the development consent and approved construction plans. At least two days before starting work, the applicant must notify the council that work is going to start, and who is the PCA, if it is not the council.
7. Approval to Occupy
Before moving into a new building or registering a subdivision with Land and Property Information NSW, the applicant must obtain from the PCA:
8. Compliance check
The authority that has approved the development will monitor the finished development to make sure that local planning policies, and decisions made under those plans, are achieving their desired outcomes. If the development does not comply with the development consent, the applicant can be:
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fined (called a penalty notice)
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ordered to make changes to the development
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taken to the Land and Environment Court. The court may order the applicant to carry out necessary works (such as altering the development or making repairs), or may forbid the applicant to use the premises in certain ways.
As a member of the public you have legal rights under the Environmental Planning and Assessment Act 1979 (EP&A Act) in regard to how a development application is assessed and determined. (For details see sections 79, 79A, 80, 81, 82, 82A, 85A and 89A of the EP&A Act.)
Development applicants
Where an applicant is dissatisfied with a decision they may:-
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request Council to review a determination of their application. A request for a review must be received within 12 months of the date of determination. In reviewing the determination Council may confirm or change its determination. A fee applied to all application for review. An application form can be obtained here: Application to Review a Determination
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appeal against the decision in the Land and Environment Court within 12 months of receiving notification of the decision.
The applicant cannot appeal to the Court against the determination, however, if their proposal is state significant development and a Commission of Inquiry was held.
If no decision has been made within 40 days (or 60 days for some type of development such as designated development), an applicant can take action in the Land and Environment Court to get a decision.
Interested or affected persons
If you wrote to the consent authority objecting to a proposal that is designated development and the proposal is approved, you can appeal to the Land and Environment Court. You must lodge your appeal within 28 days of receiving notice of the determination.
Designated Development
If the applicant appeals against the consent authority's decision to give or refuse consent to a designated development proposal, as an objector you can also attend the hearing of the appeal at the court and make submissions.
Commission of Inquiry
If a development application is the subject of a Commission of Inquiry, these appeal rights do not apply. A Commission of Inquiry however does not affect your rights under section 123 of the EP&A Act.