The first stage of the development approval is planning assessment. Planning assessment involves assessing the impact of the proposed development.
In general this covers quantitative and qualitative issues intended to:
A complying development receives automatic planning approval, subject to meeting the relevant requirements. Most development proposals will be determined as a Consent use, meaning they are not complying or non-complying. Most consent uses will require no public notification, however in some cases, adjacent neighbours will be required to be notified (Category 2), or for more complex developments the application may be advertised in the newspaper in addition to surrounding affected properties being notified directly (Category 3).
If a development is not encouraged in a certain zone, it may be listed as a Non-complying form of development for that zone. The applicant must therefore show good reason why the proposal should be supported. Even if the Council’s Development Assessment Panel supports the proposal, concurrence must still be granted by the State Government. Non-complying forms of development generally require a Category 3 notification.
Note: Building Rules Consent must be applied for within 12 months from the date of Development Plan Consent granted. If the Building Rules Consent is not applied for within 12 months, an extension of time must be lodged with the Council 20 business days prior to the lapsing of the Development Plan Consent.
When Development Plan Consent is granted, the final stage of the development approval is building rules assessment.
Building Rules assessment involves assessing technical requirements against the Building Code of Australia and relevant Australian Standards.
In general, this covers issues such as:-
• Structural adequacy;
• Fire safety;
• Health and amenity;
• Equitable access for people with disabilities, and
• Energy efficiency.
The council or a private certifier who is a registered practitioner with State Government can assess and issue Building Rules Consent.
If the estimated total cost of proposal exceeded $15,000, a payment of 0.25% of the value must be paid to the Construction Industry Training Fund Levy Board. Proof of payment must be provided to the Council prior to development approval being granted.
When planning consent and building consent have been granted, the application will be granted Development Approval.
The development must lawfully commence by substantial work on the site of the development within 12 months from the date of Development Approval and be completed within 3 years.
If no substantial work have commenced within 12 months, an extension of time must be lodged with the Council 20 business days prior to the lapsing of the development approval.