Property Development Guidelines

Community Significant Development

Applicants are now required to consult with the community prior to the lodgement of a development application for Community Significant Development.

Early consultation allows for the community to have more involvement in the design of development in the shire and can help address any potential impacts of a development at an early stage.

Community significant development is defined as:

  • a building with a gross floor area of 5,000m2 or more in an industrial, rural or commercial zone; or
  • any development that will be referred under the Act to the Joint Regional Planning Panel; or
  • any subdivision resulting in 50 lots or more; or
  • residential accommodation resulting in 10 or more dwellings; or
  • any development that proposes demolition of a heritage listed item; or
  • pubs; or
  • small bars (nightclubs) within the meaning of the Liquor Act 2007; or
  • function centres; or
  • restaurants in rural areas; or
  • offensive industries; or
  • telecommunications facility.

The pre-lodgement community consultation should involve a facilitated community meeting or workshop with notice of this workshop given to surrounding landowners.

A report is to be submitted to Council as part of the development application at the time of lodgement outlining the consultation undertaken and the response from the community. This report will be made available to the public during the formal development application exhibition period.

It is the applicants responsibility to organise and facilitate the pre-lodgement consultation and to ensure they meet the meet the minimum requirements prior to the lodgement of a development application for community significant development.

Further details on the requirements for pre-lodgement consultation process and the contents of the consultation report is available in the Byron Development Control Plan 2014 Part A – Preliminary.


Creation of easements, restrictions and/or covenants

Council may require the creation of easements, restrictions or covenants as a condition of a development consent or other approval.

To create an easement, restriction or covenant, you need to complete the appropriate dealing forms and lodge them for registration with NSW Land Registry Services. You will likely need to engage the services of a Solicitor (or Conveyancer) and Registered Surveyor to prepare the necessary documentation.

If the necessary documentation requires Council’s execution, submit the information using the Level 2 - Development related advice form.

You will need to provide:

  • a covering letter referencing the approval (for example, the development consent 10.2019.1.1) and addressing the relevant condition/s;
  • documentation requiring execution - note the requirements below depending on how your documents have beensigned:

if you are providing a digital version, upload a copy that contains the digital signature (please note, Council will not be providing digital copy to you.). 

if you require hardcopy documentation to be signed, upload the documentation on application and deliver a copy of the original document to council for signature.

  • terms of such easement, restriction or covenant in accordance with the requirements of the condition of development consent and/or Council’s policies;
  • a survey plan from a Registered Surveyor showing the location and depth of pipelines if an easement over a pipeline is proposed; and
  • copies of any prior emails or correspondence with Council regarding the easements, etc.

The following links/documents may assist:


Food premises fit-out

When lodging a Development Application you must comply with construction standards for food premises.

All building work for a food premises must be designed and constructed in accordance with the following requirements:

The Food Premises Design, Construction and Fit-out Guide(PDF, 4MB)  provides guidance to operators, architects, designers, builders, equipment manufacturers and other professionals associated with the design and construction of food premises.

Councils Environmental Health Officers are available to provide advice on any modifications and installations of a food premise fit-out.

All food premises must be registered with Council. 

Site contamination report

The Environmental Planning and Assessment Act 1979 (EP&A Act) and State Environmental Protection Policy 55 (SEPP 55) require Council to consider the suitability of land for a proposed development. 

The risk to health and the environment from contamination must be included in this assessment.  SEPP 55 requires that Council be satisfied that a site is suitable for its proposed use or can and will be made suitable.

Telecommunications infrastructure for new developments

Developers are responsible for providing telecommunications infrastructure in their development and need to contract a carrier to install infrastructure. The Developer is free to choose which carrier they want to service the development.

  • 100 lots or more - The nbnTM is the infrastructure provider of last resort. This means nbnTM is obliged to service the development on commercially agreed terms if you apply to nbnTM .
  • less than 100 lots - Telstra is the infrastructure provider of last resort until nbnTM  publicly identifies an area as ‘ready for service’ in its fixed line rollout region .

Developers are asked to apply at least six months before the required date of service to ensure a connection is ready when residents move in.

If you are a developer or owner-builder, there are important Commonwealth telecommunications rules you need to comply with. For more information visit Telecommunications in new developments


Need more information?

Council's Development Support Officers are available to answer planning related questions.