Notes for Completing Development Application

Note 1 A description of the land to be developed can be given in the form of a map which contains details of the lot number, DP/MPS, vol/fol etc.

Note 2 In the case of a building or work, the fee is based on the estimated cost.

Note 3 The application must be accompanied by such matters as would be required under Section 81 of the Local Government Act 1993 if approval was to be sought under that Act.

Note 4 An application for integrated development must include:

a) sufficient information for the approval body to make an assessment of the application

b) an additional fee for each approval body as determined by cl 100 of the Regulation c) additional copies of plans as determined by the consent authority

Note 5 A plan of the land must indicate:

a) location, boundary dimensions, site area and north point of the land b) existing vegetation and trees on the land c) location and uses of existing buildings on the land d) existing levels of the land in relation to buildings and roads e) location and uses of buildings on sites adjoining the land.

Note 6 Plans or drawings describing the proposed development must indicate (where relevant):

a) the location of proposed new buildings or works (including extensions or additions to existing buildings or works) in relation to the land’s boundaries and adjoining development

b) floor plans of proposed buildings showing layout, partitioning, room sizes and intended uses of each part of the building

c) elevations and sections showing proposed external finishes and heights

d) proposed finished levels of the land in relation to buildings and roads

e) building perspectives, where necessary to illustrate the proposed building

Form D.83 f) proposed parking arrangements, entry and exit points for vehicles, and provision for movement of vehicles within the site (including dimensions where appropriate)

g) proposed landscaping and treatment of the land (indicating plant types and their height and maturity)

h) proposed methods of draining the land.

Note 7 Where relevant an A4 plan of the building that indicates its height and external configuration, as erected, in relation to the site on which it is to be erected.

Note 8 Other information must indicate (where relevant):

a) in the case of shops, offices, commercial or industrial development:

 details of hours of operation  plant and machinery to be installed  type, size and quantity of goods to be made, stored or transported  loading and unloading facilities

b) in the case of a change of building use (except where the proposed change is to a class 1a or class 10 building) where no alterations or additions to the existing building are proposed:

 a list of any fire safety measures in the building or on the land on which the building is situated in connection with the proposed change of building use, and  a separate list of such of those measures as are currently implemented in the building or on the land on which the building is situated.

The list must describe the extent, capability and basis of design of each of the measures concerned.

c) in the case of subdivision:

 details of the existing and proposed subdivision pattern (including the number of lots and location of roads)  details of consultation with public authorities responsible for provision or amplification of utility services required by the proposed subdivision  preliminary engineering drawings indicating proposed infrastructure including roads, water, sewerage, and earthworks  existing and finished ground levels

d) in the case of demolition:

 details of age and condition of buildings or works to be demolished.

Form D.83 e) in the case of advertisements:

 details of the size, type, colour, materials and position of the sign board or structure on which the proposed advertisement is to be displayed

f) in the case of development relating to an existing use:

 details of the existing use

g) in the case of development that requires consent under the Wilderness Act 1987:

 a copy of the consent under the Wilderness Act 1987

h) in the case of development involving the erection of a building, work or demolition:

 details of the methods of securing the site during the course of construction.

Note 9 Where a proposed development is not designated development, the application must be accompanied by a statement of environmental effects unless the proposed development is considered to have negligible effect (eg minor interior alterations) which must:

a) demonstrate that the environmental impact of the development has been considered

b) set out steps to be taken to protect the environment or to mitigate the harm.

Note 10 The consent authority may ask for additional information on the development if that information is necessary for the determination of the application or if that information is required by a concurrence authority.

The consent authority may ask for additional information concerning a development for integrated development, should the information be necessary for the determination of the application or if the information is required by an approved body.

Note 11 The application may be supported with additional material (eg photographs, slides, models, etc) illustrating the proposed development and its context.

Form D.83 Note 12 Under s 80(10A) of the Environmental Planning and Assessment Act 1979 development consent cannot be granted until any long service levy payable under section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or where such a levy is payable by installments, the first installment of the levy) has been paid. The local council may be authorised to accept payment.

Note 13 In the case of Crown land within the meaning of the Crown Lands Act 1989, the owner’s consent must be signed by an officer of the Department of Land and Water Conservation, authorised for these purposes by the Governor-in-Council, from time to time.

Form D.83 TO BE COMPLETED BY THE APPLICANT

GUIDE FOR PREPARATION OF ENVIRONMENTAL REVIEW

(OTHER THAN FOR DESIGNATED DEVELOPMENT)

D. ENVIRONMENTAL IMPACT OF PROPOSED DEVELOPMENT: The application is to be accompanied by a statement of environmental effects Note: Refer to Note 9 of the Notes for Completing Development Signature of applicants or person signing on behalf of applicant. Application. Where not signed by the applicant, state capacity in which application is signed.

1) All applications should be accompanied by a review of the environmental effects of the proposed development. In the case of “designated development” this must be in the form of an environmental impact statement, but in other cases the applicant is required to:

a) demonstrate that consideration has been given to the environmental impact of the development; and

b) set out any steps to be taken to mitigate any likely adverse environmental impact.

2) The following checklist may be used to minimise the likelihood that an important environmental issue has been overlooked, however, an applicant should always consider whether some effect not noted here will be relevant for the Council’s deliberations.

Each question in this checklist has a “yes” or “no” answer. Where the answer is “yes”, a report must be submitted with the Development Application.

3) EXISTING BUILDINGS AND WORKS Yes No

a) Will the project involve the demolition of or substantial alterations to any building or structure?  

b) Does the project affect any building or monument scheduled by the Heritage Council or classified by the   National Trust of Australia?

Form D.83 4) LANDFORM, VEGETATION AND WILDLIFE Yes No

a) Does the project involve the permanent destruction of any vegetation?  

b) Does the project destroy, damage or threaten the natural habitat of any substantial colony of native animals,   whether on the site or near the project?

c) Will the project permanently and significantly affect any natural features of the site, such as landform waterbodies   or courses; rock outcrops etc? d) Is the site subject to flooding / subsidence / tidal inundation / slip / bushfires or other such risks?  

5) WASTE AND EFFLUENTS

a) Will any noxious or offensive gases, steam, smoke, odours, vapours, particles, sawdust, shavings, dust or   other waste products be produced in the proposed processes? b) Will solid trade wastes be produced?   c) Will effluents produced exceed the current permitted limits or criteria for solids, liquids, particulates or gases?  

6) ODOUR

a) Will the project when completed produce any odour beyond the boundaries of the site?  

7) NOISE

a) Will the project when completed produce any noise beyond the boundaries of the site?   8) TRAFFIC

a) Will the project when completed require frequent visits by pedestrians, motor cars, trucks or public transport   vehicles? (give details and estimate traffic volumes)

Form D.83 9) LIGHT, VENTILATION AND RAIN Yes No

a) Will the development alter the patterns of sunlight, daylight or shadows as they affect adjoining properties or   public spaces?

b) Will the development create rainshadow areas affecting established vegetation on the subject or adjoining land?  

c) Is it proposed that plenum or exhaust mechanical ventilation or air conditioning be installed?  

10)SERVICES

a) Will the project require the amplification of the following utility services: stormwater drainage, sewerage, electricity   supply, water supply, telephone connections, gas supply?

11)SOCIAL AND ECONOMIC

a) Does the proposed development displace existing tenants?  

b) Will the proposed development provide substantial improvements in employment opportunities in the   Municipality?

c) Are there any other social or economic benefits to the community which might partly offset any permanent or   temporary costs of the project as revealed above?

12)MISCELLANEOUS

a) Will the project have any beneficial effects on the environment?  

b) Will the project produce any known or suspected impact on the environment; other than that indicated above, which will or may contribute to the pollution of the environment by effluents, waste, noise or visual impact, or the defilement, defacement or deterioration of the   environment by altering or contributing to the alteration of the natural areas or the character of developed areas?

Form D.83 13)Submissions relating to environmental factors are to be made as a letter or report with such illustrations, charts, photographs or diagrams as might be necessary to clearly demonstrate the changes which might occur as a result of carrying out the development and the measures proposed to mitigate the impact of the Development. Council reserves the right to require presentation of specific details or to require information on any environmental, social or economic matter not specified above.

14)Details of “designated development” as specified in the Regulations under the Environmental Planning and Assessment Act, 1979, or as adopted in any Planning Instrument may be obtained from Council’s Town Planning Section.

The following information is required in respect of industrial development in relation to statutes administered through Council’s Environmental Services Division.

Yes No 15)NOISE CONTROL

Will there be any plant (including any motor or motors or engine or engines or turbine or turbines) either existing or proposed, that supply, or are capable of supplying, either   alone or in the aggregate, more than 50 kilowatts (67 horse power) of MECHANICAL power.

16)HOURS OF OPERATION

Will there be any operations in or associated with the proposed industry outside the following hours: 7.00 am to 6.00 pm Monday to Friday, 7.00 am to 12.00 noon Saturday.  

Form D.83 OUTDOOR ADVERTISING GUIDELINES

DEVELOPMENT APPLICATIONS:

1) The following information shall be required with applications for Development Applications for development subject to the satisfaction of Council:

a) a completed Development Application form b) owners consent to the application c) prescribed fee d) three copies of plans which indicate: i) appropriate scale and north point ii) location of subject land with respect to adjoining land and roads iii) relationship of the proposed development with surrounding development and sites iv) description of proposed works v) description of sign and advertising structure (example: dimensions, illuminated etc.) vi) diagram showing colour, wording, graphics

FEE STRUCTURE FOR DEVELOPMENT APPLICATIONS:

The scale of fees for Development Applications can be obtained from Council’s Environmental Services Directorate.

SIGN APPLICATIONS:

(i) Non-structural

Refacing of signs, flat panel signs fixed to buildings, painted signs on the facades of buildings and fascias which is the equivalent to the minor Development Fee. $60.00 (ii) Structural

Such as the erection of a pole sign will be treated as a Development Application (minimum fee $60.00) and Construction Certificate (minimum fee $50.00).

Minimum Fee $110.00

Form D.83 LAND DESCRIPTION It makes it very difficult for Council staff to process your application if you do not supply details describing the land and its location.

1. Location. The Council, cannot begin to assess your proposal, or to inspect your land, if they do not know where it is. If you do not have a street number you need to provide other accurate property information. A sketch showing the nearest cross street often helps.

2. Land Measurements. The size of your land needs to be shown, i.e. its area, length, width etc. Include a survey plan with your application if you have one. Drawings to a simple metric scale (e.g.1:100) will allow additional dimensions to be measured off the plan.

3. North Point. By showing where north is on your plan, it will be possible to get an idea of where shadows will be cast.

4. Slope. Some indication should be given of the steepness of your land. Slope affects such things as drainage and suitability for building. A contour plan should be provided for sloping sites.

5. Other Information. You should also show other important features, such as major trees and any existing buildings.

Form D.83 YOUR PROPOSAL The Council needs to know how your proposal is going to work. In addition to details describing the land you need to show any proposed new buildings, or additions to existing buildings. Basic floor plans are not enough. You need to show how buildings and activities will relate to boundaries, other buildings, trees and major landscape features.

* This sketch shows the kind of information you need to provide on drawings. It is only a sketch. For new buildings plans must be properly drawn. A sketch is always useful for showing the overall picture but is rarely enough on its own.

Form D.83 NEIGHBOURS

Drawings need to show how neighbours will be affected by your proposals. Usually it will be sufficient simply to show where neighbouring buildings are, in relation to you, on you your plans. However, anything affecting a neighbour’s SUNLIGHT, VIEWS, PRIVACY or PEACE and QUIET should also be shown or described. It is sometimes a good idea to talk to your neighbours first.

IMPORTANT NOTE: Not only should you show your neighbours’ buildings, and how they relate to your proposal, you should very carefully consider the likely impact on neighbours when you are planning your development. Failure to take account of neighbours is perhaps the main cause of disputes, delays, court appeals and most refusals. If you do not plan to use an architect or other design professional you are strongly advised to consult any available design guidelines produced for your type of proposal.

Form D.83 ALTERATIONS AND ADDITIONS

For changes to existing buildings you need to show what you want to do in relation to all the existing buildings

Where second storey additions are proposed the impact on neighbours is likely to be much greater. More details of neighbouring development will therefore be required on drawings.

SPECIAL AREAS

In some areas you will need to supply special information. In a conservation area for example the colours you wish to paint your building could make a big difference, and should be shown on plans. The Council will be able to tell you if any special requirements apply in you area.

DUAL OCCUPANCY

Where you are permitted to have two dwellings on one block of land there will be other information you need to provide. Again the Council can tell you what special requirements apply. If two separate buildings are proposed you need to pay special attention to the effects they have on each other, such as privacy and shadows.

Form D.83 ADVERTISED DEVELOPMENT

Councils are required, by law to advertise certain categories of development for public comment. Council’s also seek the views of adjoining owners and residents on other categories of development. If your application and drawings are to be examined by members of the public, you need to make a special effort to avoid your proposal being misread or misunderstood.

1. Drawings should clearly show what you intend and should be simple and easy to read.

2. Where overshadowing is possible or likely you should seriously consider preparing diagrams showing where shadows will be cast. If such diagrams are prepared they should be done properly and accurately. You should show shadows cast on walls and windows, not just those falling on the ground.

3. For larger or complex developments, models, perspectives or photo-montages should be considered. Models are the best because they allow the observer to see the proposal from many different angles. They also make it easier for ordinary people to understand what you have in mind.

Form D.83 ENVIRONMENTAL IMPACT

Apart from the effect on immediate neighbours the Council must be able to assess the wider environmental implications of your development. An environmental impact statement must be submitted with all major development applications. All other development proposals must be accompanied by a STATEMENT OF ENVIRONMENTAL EFFECTS

For minor proposals a brief consideration will be sufficient. Statements do not have to be in any special form. However, the following points will give you some idea of what the Council would like to know:  You should being your statement by outlining the objectives you are hoping to achieve. This will help the Council understand what your needs are.  Outline any alternatives you considered, and say why you preferred this one.  You should then consider all the likely “Spillover” effects of your proposal. Assess any possible adverse effects on neighbours or the local area.  If the impact is likely to be significant outline any measure you propose to neutralise or offset the harm. Alternatively explain why you think the effect is justified.

Please be as objective as possible. You may be called upon to produce evidence in support of any claims you make. CHECKLIST

For most applications the following questions cover the most common problem areas:  What will the situation be in terms of traffic and parking generation?  Will there be any pollution of the area? This includes noise pollution.  Will the natural environment be affected?  How will the development appear in terms of the streetscape or landscape?

A full checklist of the matters you need to consider is provided with this sheet.

Form D.83 STATEMENT OF ENVIRONMENTAL EFFECTS The following is a summary of minimum requirements (advisory only):  Brief description of the proposal  Objectives of the proposal  Brief discussion of alternatives considered and reasons for preference CHECKLIST of matters to be addressed in main body of the statement:  Compliance with statutory and council code requirements  Suitability of the land for development. Consider flooding, drainage, tidal inundation, land slip, soil erosion, mine subsidence, bushfire and similar risks  Proposed vehicle access and egress. Adequacy for any loading, unloading, turning or parking  Proposed landscaping of the site and whether any existing trees should be preserved  The physical character, location, siting, bulk, scale, shape, size, height, density, design or external appearance of the development  The siting of any building or works on the land and their relation to development on neighbouring land (especially consider overlooking and over shadowing).  Impact on the landscape, streetscape or scenic quality of the locality  The existing and likely future amenity of the neighbourhood  The amount of traffic likely to be generated, particularly in relation to the adequacy of existing roads and present volumes of traffic carried.  Whether public transport will be necessary to serve the development, and present availability and adequacy of public transport  Whether existing utility services are adequate to serve the development (i.e. water, sewerage, power, stormwater drainage, telephone) or, in rural areas, whether services are available on site  The impact on the natural environment  The impact on the built environment or items of natural heritage  Social and economic effects of the development  Any special heads of consideration specified in an environmental planning instrument (e.g. relating to heritage and conservation, scenic protection, wetlands, water catchment areas, escarpments etc.)  Any special circumstances relating to the site or the locality.

Form D.83 COMMERCIAL DEVELOPMENT

All applications for shops and offices should provide details of how the business operates:  Type of business, nature of goods or services  Hours of operation  Any special equipment used  Number of employees  Likely number of visitors to the premises including customers, sales representatives, etc  Proposed loading and unloading arrangements  Proposed parking arrangement and access  Waste disposal requirements  Effect on any residential development in the vicinity NEW DEVELOPMENT

Detailed drawings will be required where new buildings are proposed. These need to show the relationship of buildings to the site and to neighbouring buildings, as well as details of the proposed buildings. You should also show the location of any buildings to be demolished. CHANGE OF USE

Where you will be occupying an existing building detailed drawings will not be necessary. A general indication of layout will be sufficient, together with sketches identifying the building and the land. A simple change of use (from one shop to another, or one office to another) usually does not require approval. But you need to check with the Council first. Event if special approval is not required you may need to notify the council in any case. HOME OCCUPATIONS

It is possible to operate a business from home. Such businesses are usually permitted in residential areas provided; all activities are within the building, there if no interference with your neighour’s amenity, there are no signs, and all employees live on the premises.

Form D.83 CHANGE OF USE PLAN YOUR MOVE

If you are starting a new business, or simply moving an existing shop or office to new premises, you need to be aware of local council requirements. In some cases special permission is not required. In other simple registration will be enough. But you need to find out sell in advance. If you need to make special application it could take up to four weeks to process, and even longer if you do not supply the right information. Permission may be required even where not building works are involved. And where building alterations are proposed, more time should be allowed to obtain the necessary permits. Similarly approvals may be required from Council’s health department (for example, where food is to be prepared).

Problems most often arise:

 Where the previous tenant or owner was operating without Council approval, or

 Where the site is no longer zoned for shop or office uses, even though the building has been legally used for business purposes up to the present.

Your premises may also be subject to past restrictions on hours of operation, number of employees, noise and such things as restaurant seating. You inherit these restrictions and must make special application to have them varied.

You may also need to comply with new regulations or standards in relation to such things as fire safety and car parking. More parking may be needed where more people will be visiting or using the premises. And building works must comply with the relevant codes and ordinances.

If town planning approval is required, and you are a tenant, the owner must sign you application. Failure to obtain the owner’s signature will hold up your application.

Form D.83 INDUSTRIAL DEVELOPMENT All applications for industrial development, wholesale trading or storage of bulky goods should provide sufficient information to describe how the business operates:  Type of development, nature and volume of goods produced, handled or stored  Anticipated noise levels beyond the site  Hours of operation  Description of plant, machinery and equipment involved in the operation  Number of employees  Likely size, frequency and number of deliveries to and from the site  Likely number of visitors to the premises including customers, trade representatives, etc  Proposed vehicle access and egress, manoeuvring, parking, loading and unloading arrangements  Proposed waste disposal arrangements  Anticipated future expansion, if any  Effect on any residential development in the vicinity  Availability of water, sewerage, power and stormwater drainage DRAWINGS REQUIRED Detailed drawings will be required where new buildings are proposed. These need to show the relationship of buildings to the site, and neighbouring buildings, as well as details of the proposed buildings. Also show any buildings to be demolished. If you are moving into a new building detailed drawings will not be necessary. A plan showing the layout of each floor of the building will be sufficient, together with basic drawings identifying buildings in relation to the site. When planning the layout of car parking areas make sure you allow sufficient room for cars to get into and out of their allocated spaces, without having to move other vehicles. Loading bays also need to be easily accessible. HOME INDUSTRIES Some residential and non-urban (or rural) zonings, make provision for small scale industrial uses to be carried on from a dwelling house. Check the zoning first and find out what special restrictions apply.

Form D.83