What Can I Do with My Property?

Customer Contact Centre Process Owner: Development and Traffic Services Unit

DEVELOPMENT

What can I do with my property?

This depends on the zoning of your property and whether there are any constraints, such as flooding, heritage or bushfire prone land.

You can see what zone or constraint applies to your land via a Section 149 planning certificate or through Council’s My Development web tool. Once you have this information you may wish to speak to Council’s Development Advisory Team.

I would like to build a dual occupancy – what do I need to know?

Firstly, you need to know the zoning of your land. Dual occupancies are allowed on a large number of sites throughout the local government area, however you will need to check the zoning of your property against the zoning table within the Local Environmental Plan that applies to your land.

 Previously Parramatta City Council – Parramatta LEP 2011 & DCP 2011 – minimum lot size generally 600sqm, can be subdivided

 Previously Auburn Council – Auburn LEP 2010 & DCP 2010 – minimum lot size generally XXsqm, can be subdivided

 Previously The Hills Shire Council – The Hills LEP 2012 & DCP 2012 – minimum lot size generally 600sqm, cannot be subdivided

 Previously Holroyd Council – Holroyd LEP 2013 & DCP 2013 – minimum lot size generally XXsqm, can be subdivided

 Previously Hornsby Shire Council – Hornsby LEP 2013 & DCP 2013 – not permissible

If you have determined that dual occupancies are allowed on your property, you need to confirm the lot size. Lot size is determined by a boundary survey of the land by a registered surveyor in conjunction with the official deposited plan held at the Land and Property Information NSW. You will need the minimum lot size to propose a dual occupancy. Council does not permit them on undersized allotments.

If the property meets the minimum land size to build a dual occupancy, you will need to determine how large the building can be (FSR), how close it can be to the boundaries (setback) and how much landscaping is required (deep soil). Other considerations include tree removal and how the stormwater will be drained. The requirements for these are found in the relevant LEP and DCP that applies to the land

It is advised that professional advice is used to compile a dual occupancy application such as a draftsperson, town planner, landscape architect and a hydraulic engineer.

Date: 08/06/2017 Reviewed: 08/06/2017 Customer Contact Centre For difficult sites, a prelodgement meeting is recommended. This is where the proposal is discussed with Council staff and technical specialist prior to the application being lodged with Council.

Can I build a dual occupancy in Epping / Eastwood / Winston Hills /Hornsby Suburbs?

Certain areas of Epping, Eastwood and Winston Hills are classified special precincts. Properties located within these special precincts have additional conditions applied to them that doesn’t allow the construction of dual occupancies under Parramatta LEP 2011. In addition, other parts of Epping don’t permit dual occupancies under Hornsby LEP 2013.

To determine whether this applies to your property or not, you should order a Section 149 planning certificate or through Council’s My Development web tool.

Link Dual Occupancies Map within Clause 6.11 of Parramatta LEP 2011 R2 Zoning Table Hornsby LEP 2013

When will the guidelines change from other Councils to City of Parramatta’s?

Although your property now falls within the boundaries of the City of Parramatta local government area, the planning controls of your former council still apply. We are currently in a transitional period which may last for the next few years. When Council consolidates the five Council area controls in to one document, all residents will be given the opportunity to comment on the controls that will now apply the entire local government area.

Can I do a child care centre in R2?

You will need to check the relevant LEP that applies to your site to determine whether they are allowed or not. Each Council made a decision of what types of uses that they allow within their low density residential areas dependent on the impacts on the amenity of residents and feedback to Council staff and the elected officials.

 Previously Parramatta City Council – Parramatta LEP 2011

 Previously Auburn Council – Auburn LEP 2010

 Previously The Hills Shire Council – The Hills LEP 2012

 Previously Holroyd Council – Holroyd LEP 2013

 Previously Hornsby Shire Council – Hornsby LEP 2013

What’s my land size and zoning?

Lot size is determined by a boundary survey of the land by a registered surveyor in conjunction with the official deposited plan held at the Land and Property Information NSW.

You can see what zone applies to your land via a Section 149 planning certificate or through Council’s My Development web tool or through the NSW Department of Planning and Environment’s Customer Contact Centre Planning Portal. Once you have this information you may wish to speak to Council’s Development Advisory Team.

When is Section 96 required?

If you wish to change any of the aspects of an approved development application, a Section 96 application to modify the plans or conditions will need to be approved before the changes are made. There are three types of Section 96 applications:

SECTION 96(1): to correct minor error made by Council

SECTION 96(1A): for changes with minimal environmental impact;

SECTION 96(2): for greater changes but where the development remains substantially the same; or

SECTION 96AA: for changes to a DA approved by the Land and Environment Court.

To determine which type of modification you require, please speak to Council’s Development Advisory Team.

My property has no floor space ratio (FSR) and/or no height restriction.

If your property controls do not have an FSR or height restriction under the relevant LEP, this does not mean that the building can be as large as you would like.

Other controls would apply under the DCP that regulate the building envelope. Such as the setbacks, the amount of backyard, deep soil and landscaping required and maximum site coverage.

Please refer to the relevant DCP for your property to determine the maximum size of a building that can be constructed on your site.

Can I subdivide my duplex now that it is within the Parramatta local government area as opposed to when it was formerly with The Hills Shire?

From the 12 May 2016, portions of The Hills Shire Council were transferred to the City of Parramatta Council. For the foreseeable future, the planning controls (LEP and DCP) for the Hills Shire still apply to your property. If you do not meet all of the requirements of Clause 4.1C of The Hills LEP 2012 with respect to subdivision of dual occupancies, then the subdivision is not allowed.

I’m thinking of buying this property. How can I find out more about it?

Much of what you are curious about in regards to a property including zoning and potential hazards can be found via a Section 149 planning certificate or through Council’s My Development web tool or through the NSW Department of Planning and Environment’s Planning Portal.

I want to open up a commercial development. What do I do? Customer Contact Centre If you are considering the proposal of a commercial development, it is imperative that the site you want to build on is zoned appropriately for the use of the site.

For basic planning information with regards to a property within the City of Parramatta local government area, can be found via a Section 149 planning certificate or through Council’s My Development web tool or through the NSW Department of Planning and Environment’s Planning Portal.

Some new commercial developments will require the lodgement of a completed Development Application. Others may only require a Complying Development Certificate or could be exempt development (doesn’t require approval).

You may wish to speak to Council’s Development Advisory Team to determine what type of approval may be suitable for your business.

In addition, assistance with all aspects of starting a new business (not just Council approvals) may be found at Service NSW Easy to Do Business website

My lodgement pertains to Section 68 of the Local Government Act 1993. What does this mean?

Section 68 of the Local Government Act 1993 refers to approvals for certain types of activities such as the installation of a manufactured dwelling for the purposes of a granny flat.

This type of development sometimes also needs a development application in addition to the S68 approval such use of the manufactured dwelling as a granny flat. This is done concurrently with the S68 approval - you would need to indicate this on page 3 of the Development Application form.

What is the difference between a Complying Development Certificate (CDC) and Development Applications?

A Development Application (DA) is an application can only be submitted to council to seek permission to carry out a development. This can range from constructing a back shed to a multi- story block of apartments and beyond.

A Complying Development Certificate (CDC) is an application that can be approved by Council or a Private Certifier. These are generally for simple or minor developments. The issuing of CDCs is subject to state legislation. Your site and development must comply with certain specific conditions and predetermined set of criteria. Unlike a DA, there is no room for noncompliance or variations with a CDC.

In addition to DAs and CDCs, there is a third type of development – exempt development. This is the smallest kind of developments that cause negligible impacts such as fences. Due to their small scale, they are considered exempt from planning approval.

You may wish to speak to Council’s Development Advisory Team to determine what type of approval may be suitable for your business. Further information can also be found through the NSW Department of Planning and Environment’s Planning Portal.