Frequently Asked Questions - Development
A development application (DA) is an application made to Council to carry out development including subdivision and/or the use of land/development for a particular purpose. Development within the Byron Shire is controlled by the Byron Local Environmental Plan (LEP) 1988.
The LEP 1988 outlines the land uses permissible within different zones of the Shire. Prior to submitting an application, ensure you obtain and carefully read any relevant Development Control Plans (DCP) or guidelines for the development proposed. These documents are available from Council. A new LEP for the Byron Shire is currently in development.
You are required by law to submit a DA to Council for any building and subdivision works and for any development requiring consent under LEP 1988.
DAs are required so that Council may assess your plans and information, inspect your property and determine based upon merit whether your proposal is an appropriate form of development within a particular zone/area. Council will assess the proposal to ensure it is permissible according to its zoning, complies with relevant legislation and plans, and has no detrimental environmental, economic or social impacts on the locality.
An approved development application that requires building works is followed by a Construction Certificate to build or construct the proposed development. A Construction Certificate which may be issued by Council or a Private Building Certifier.
Council staff determine more than 95 per cent of all development applications. The remaining applications are either determined by the elected Council and/or the NSW Land & Environment Court.
This depends on the level of delegation given to Council staff, whether objections have been received, whether the application is outside Council controls and whether Councillors wish to consider a development proposal. Development with a project cost of more than $1.75 million is automatically referred to Council for determination.
Development applications are reported to Council's (Planning) meeting. This meeting occurs once a month (excluding Council’s Christmas and mid-year break).
Yes, a development application must be lodged, if you plan to demolish any structures that are not classed as ‘Exempt Development’.
If your Development Application is refused, you may contact us so we can clarify issues and discuss your options.
Options available to you include:
- A Review of Determination (Section 82A Review) of your application. You must submit your Section 82A Review application to Council within 12 months of the refusal date (or before an appeal against the determination is disposed of by the Land & Environment Court). A Section 82A Review allows the application to be amended, as long as the development remains substantially the same as the original application. Council may need to notify your neighbours and/or advertise the proposed amendments. Fees apply for the application as well as for notification and/or advertising.
Please note that any decision on a Section 82A Review is final and cannot be reviewed further under Section 82A of the Environmental Planning Assessment Act 1979.
- An Appeal to the Land and Environment Court may also be lodged. This must be lodged within 12 months of the date of the refusal. You will find this date on your Notice of Determination.
If you wish to change or delete a condition of Development Consent or amend details on your approved plans, you will need to seek a modification of your Development Consent. To do this, you will be required to lodge your application under Section 96 of the Environmental Planning and Assessment Act 1979.
To qualify as a modification, the development must be substantially the same development as originally granted consent. You are encouraged to contact Council to discuss the modification prior to lodgement.
Proposed modifications will need to be re assessed by Council the majority of these have to be notified and/or advertised. You must therefore allow for sufficient processing times.
To lodge a Modification of Consent, you must complete an application form (Application to Modify a Consent or Section 96) and outline the modification on your plans and in writing. Fees apply for the application as well as for notification and/or advertising.
If you have already obtained your Construction Certificate and you seek a Modification of Consent, you will also have to modify your Construction Certificate in accordance with the conditions of Development Consent. For more information regarding this, contact the authority, which issued your original Construction Certificate.
If you have already commenced works and you decide to make changes, you must firstly notify your Principal Certifying Authority (PCA).
It is unlawful to undertake works that are different to your Development Consent. Council has an enforcement policy and you run the risk of receiving a fine, a notice and an order.
You need to include a minimum of 6 sets of plans and drawings of your proposal showing what you intend to do. Further plans may be requested depending on the nature of the development proposed.
All plans and drawings must be lodged in sets and folded to A4 size.
A3 size plans are preferred for smaller developments as these plans can be captured on Council’s computer system.
One set of plans and drawings are for public exhibition purposes and need to be reduced to either A3 or A4 size, with the floor layout removed.
To assist Council with processing your application it is recommended that you include a copy of the Plans and Statement of Environmental Effects on a disk with your application.
The various plans and drawings must clearly demonstrate the following matters:
Site Plan of the land:
The site plan is to be drawn at an appropriate scale and must indicate:
- the location of the land, the measurements of the boundaries of the land, the size of the land and which direction is north
- existing vegetation and trees on the land and within 3m of any common boundary
- all trees that are proposed to be removed
- the location and uses of buildings that are already on the land
- the locations of existing roads, kerbs, driveways, fences, easements and restrictions
- the existing levels of the land in relation to buildings and roads
- the location and uses of buildings on sites that adjoin the land
- location of watercourses, drainage lines, levels and contours to AHD
- the proposed development footprint/envelope, including any proposed buildings, structures, services, drainage, easements, accessways, and areas to be filled or excavated.
You need to include a minimum of 6 sets of Statements of Environmental Effects with your application. Further copies may be requested depending on the nature of the development proposed.
To assist Council with processing your application it is recommended that you include a copy of the Statement of Environmental Effects and Plans on a disk with your application.