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Complying Development - Notification to Neighbours

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Complying Development - Notification to Neighbours Information Sheet 1.4 Complying development - notification to neighbours This information sheet explains when and how neighbours are notified of a complying development on a nearby property. Important note This information sheet is for guidance only and A number of information sheets are available at the may not contain all the information relevant to exempt and complying development policy 4 every property in NSW. Applicants should refer to website . They provide general information about the relevant planning controls1 before beginning different types of exempt development. work, or seek professional advice on how the planning controls apply to their property. Introduction The majority of the development that can be done Some types of complying development require as exempt or complying development in NSW is neighbours to be notified either prior to approval identified in the State wide exempt and complying or prior to commencement of works. development policy (the policy). View the policy at the exempt and complying development policy The neighbour notification requirements for website2. complying development are intended to encourage applicants to talk to their neighbours about their What is complying development? proposed complying development. Even where Many types of straightforward building work formal neighbour notification is not required, it is recommended that discussions with neighbours don’t need applicants to submit a full development application to your local council. about the proposed development take place at the earliest opportunity, preferably before detailed This is called complying development. plans are drawn up, and before an application is Before you start any works you must obtain a lodged. complying development certificate (CDC) from an This means that any concerns or suggestions can accredited certifier or council. The certificate is a be considered early on in the design process. combined planning and building approval. Before planning a complying development, the What is pre - approval applicant must find out what planning controls notification? apply to the land. Before a complying development certificate can be A section 149 planning certificate from council will issued for the erection of a new house or an outline what planning controls apply and whether addition to an existing house, an accredited particular parts of the policy can be used for certifier must notify neighbours. This is called pre- development on the land. approval notification. Alternatively, if your council has a Standard Instrument LEP, you can find out what planning However, it is important to note that the policies apply to your land. Go to the Planning ‘notification’ process for complying development is Viewer website3. different to an ‘exhibition’ process which may occur for development applications. Notification of complying development prior to approval of a complying development proposal is 1 https://maps.planningportal.nsw.gov.au/Terms 4 2 http://hub.planning.nsw.gov.au/BuildingorRenovating http://hub.planning.nsw.gov.au/Buildingorrenovating/DoIqualifyf 3 https://maps.planningportal.nsw.gov.au/Terms orfasttrackapproval/Complyingdevelopment October 2015 Page 1 of 4 Information Sheet 1.4 for information only. Neighbours cannot make a Kogarah, Ku-ring-gai, Lane Cove, Leichhardt, submission on a neighbouring complying Liverpool City, Manly, Marrickville, Mosman, North development. Sydney, Parramatta City, Penrith City, Pittwater, Randwick City, Rockdale City, Ryde City, This is because complying development must Strathfield, Sutherland Shire, City of Sydney, The comply 100% with the development standards in Hills Shire, Warringah, Waverley, Willoughby City, the policy. Wingecarribee, Wollondilly and Woollahra. The standards have been developed in consultation with local councils and a complying Neighbour notification in regional development expert panel to ensure good amenity and rural areas and design outcomes. The development allowed In regional and rural areas, neighbours are not by the policy balances the ability for someone to required to be notified before a complying develop their property while protecting the amenity development certificate is issued. of their neighbours. Although there is no formal requirement to notify When are neighbours notified prior neighbours before a complying development is to approval of a complying approved, applicants are encouraged to discuss development? proposals with their neighbours at the earliest opportunity, preferably before detailed plans are Whether neighbours are notified before a drawn up. This means that any concerns or complying development certificate is issued on suggestions can be considered early on in the neighbouring land depends on where the land is design process. located. This is explained in detail below. ‘Regional and rural areas’ include the following local government areas: City of Albury, Armidale Neighbour notification in Dumaresq, Ballina, Balranald, Bathurst Regional, metropolitan areas Bega Valley, Bellingen, Berrigan, Bland, Blayney, In metropolitan areas, certifiers must notify the Bogan, Bombala, Boorowa, Bourke, Brewarrina, occupants of neighbouring houses within a 20 City of Broken Hill, Byron, Cabonne, Carrathool, metre radius at least 14 days before issuing a Central Darling, City of Cessnock, Clarence Valley, complying development certificate for the following Cobar, City of Coffs Harbour, Conargo, Coolamon, complying development types: Cooma-Monaro Shire, Coonamble, Cootamundra, Corowa Shire, Cowra, Deniliquin, City of Dubbo, the construction of a new dwelling or an Dungog, Eurobodalla, Forbes, Gilgandra, Glenn addition to an existing dwelling, or Innes Severn, Gloucester, City of Gosford, the construction of a new group home or Goulburn Mulwaree, Great Lakes, Greater Hume secondary dwelling, or Shire, City of Greater Taree, City of Griffith, the demolition of a building. Gundagai, Gunnedah, Guyra, Gwydir, Harden, Hay, Inverell, Jerilderie, Junee, Kempsey, Kiama, If the certifier is a private accredited certifier, they Kyogle, Lachlan, City of Lake Macquarie, Leeton, must also provide written notice to the council. City of Lismore, City of Lithgow, Liverpool Plains, A complying development certificate cannot be Lockhart, City of Maitland, Mid-Western Regional, issued until after the 14 day notification period has Moree Plains, Murray, Murrumbidgee, finished. Muswellbrook, Nambucca, Narrabri, Narrandera, Narromine, City of Newcastle, Oberon, City of ‘Metropolitan areas’ include the following local Orange, Palerang, Parkes, Port Macquarie- government areas: Ashfield, City of Auburn, Hastings, Port Stephens, City of Queanbeyan, Bankstown City, Blacktown City, Blue Mountains Richmond Valley, City of Shellharbour, City of City, Botany Bay City, Burwood, Camden, Shoalhaven, Singleton, Snowy River, Tamworth Campbelltown City, Canada Bay, Canterbury City, Regional, Temora, Tenterfield, Tumbarumba, Fairfield City, Hawkesbury City, Holroyd City, Tumut Shire, Tweed, Upper Hunter Shire, Upper Hornsby, Hunter’s Hill, Hurstville City, City of October 2015 Page 2 of 4 Information Sheet 1.4 Lachlan Shire, Uralla, Urana, City of Wagga Which neighbours are notified? Wagga, Wakool, Walcha, Walgett, Warren, Warrumbungle Shire, Weddin, Wellington, The notice must be sent to the occupier (not Wentworth, City of Wollongong, Wyong, Yass necessarily the owner) of any lot within 20 metres Valley and Young. that has a dwelling house on it. See Figure 1 for details. Neighbour notification in If a lot contains an apartment building or is a dual residential release areas occupancy, the occupier of each individual home/apartment must be notified. Certain land in metropolitan and rural and regional areas may also be identified as a ‘residential Figure 1: Neighbour notification of residential release area’ under a State Environmental complying development Planning Policy (SEPP) or Local Environmental Plan (LEP). If the proposed complying development is located in a residential release area, neighbours are not required to be notified before a complying development certificate is issued. A residential release area is any land identified: as an urban release area in a local environmental plan, or in the Eurobodalla Local Environmental Plan 2012, or in the State Environmental Planning Policy (Sydney Region Growth Centres) 20065, or certain land identified in the State Environmental Planning Policy (Major Key for Figure 1 Development) 20056. Occupiers of these dwellings do not need to How are neighbours notified? be advised 1. Where the lot is vacant or a dwelling is under Neighbour notification must be in writing. The construction, no notification is required. notice can be given in person, through a letter box 2. Shops and other uses other than a dwelling do drop or via the post. not require any notification. As a guide, if the notice is delivered in person on a Occupiers of these dwellings must receive Monday, the next day is counted as the first day, notification: and the Tuesday two weeks later is the earliest the 3. Notification is required, even if the dwelling is complying development certificate can be issued. not within 20m of the lot. If the notice is mailed by post, it is deemed to be 4. All dwellings in an apartment building must be received on the next business day, and the day individually notified. after is counted as the first day of the notification period. What information is provided? Certifiers should keep a record of the address of Neighbour
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