Development Application Process

 

 

What is a Development Application?

A Development Application (DA) is an application made to Council to carry out development including subdivision and demolition. Development within the Shire is controlled by Baulkham Hills Local Environmental Plan (BHLEP) 2005.

The BHLEP outlines, among other things, the landuses permissible within different zones of the Shire of Baulkham Hills. Prior to submitting an application, obtain and read carefully any relevant Development Control Plans (DCP) or guidelines to the development proposed. These documents are available from Council. 

Why do I have to submit a Development Application?

You are legally bound to submit a Development Application to Council for any building and subdivision works and for any development requiring consent under Local Environmental Plan (BHLEP) 2005.

Development Applications are required so that Council may assess your plans and information, inspect your property and determine whether your proposal is appropriate.

Council seeks to ensure that a proposal:

  • Is a permissible and appropriate use of the site according to its zoning;
  • Complies with the provisions of the Environmental Planning and Assessment Act 1979 (as amended);
  • Complies with the relevant DCP or the landuse activity.
  • Complies with any Development Control Plans applicable to the land;
  • Has no detrimental visual impact upon a locality;
  • Has no adverse impact upon occupants of adjacent properties in the locality.

 

Any development application, under the new legislation is to be followed by a Construction Certificate to build or construct works, which may be issued by Council or a private certifier.

 Certifying Authority Fact Sheet (226.45kB)

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Political Donations of Gifts

 Any applicant is required to disclose the following reportable political donations and gifts (if any) made by the applicant or any person with a financial interest in the application within the period commencing two (2) years before the application is made and ending when the application is determined

  1. All reportable political donations made to any local Councillor of that Council.
  2. All gifts made to any local Councillor or employee of that Council.

(This includes any donations made at the time the person was a candidate for election to Council)

The disclosure of a reportable political donation or gift is to be made:

  1. In, or in a statement accompanying the relevant planning application if the donation or gift is made before the application or submission is made, or
  2. If the donation or gift is made afterwards, in a statement of the person to whom the planning application was made within seven (7) days after the donation or gift is made.

 Political Donations Fact Sheet (233.53kB)

Is it necessary to discuss an application with a Council officer?

 

Before formally submitting the development application and accompanying information to Council, it is necessary to visit the Customer Service Centre at the Council Chambers and discuss your application with the relevant Duty Officer (this is called a pre- lodgement meeting). No prior appointment is necessary.

For all major residential, industrial, commercial and subdivision applications, it will be necessary to make an appointment for a formal pre-lodgement meeting.

To make the appointment please contact Council’s Customer Service Centre (Phone: 9843 0555) and ask for the relevant Duty Officer, i.e. Building Surveyor, Town Planner, Subdivision Engineer. 

Will my neighbours be advised of the application?


Public notification of an application depends on the type of development proposed. However, it is advised, prior to lodgement of the development application with Council that you discuss your proposal with your neighbours. It may also provide an opportunity for you to consider any suggestions from your neighbours and thereby avoid delay in the processing of the application at a later date.

 Should I Make a Submission Fact Sheet (116.97kB)

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What information is needed to accompany an application?


All applications are to be made on the standard Development Application form, signed by all owners of the site and accompanied by a Statement of Environmental Effects and the required plans including the appropriate fee.

In regard to ownership details, if the subject property is under the ownership of a company it is necessary for the company seal to be affixed to the application and signed by a representative of the company, identifying their position. (Schedule of fees available from the Customer Service Centre.)

The number and type of plants to be submitted and extent of detail to be provided depends on the type of development proposed and its complexity. Please refer to the following Fact Sheets:

 Preparing Plans & Documentation for Development Applications Fact Sheet (113.29kB)

 Electronic Lodgement of Development Application Files (93.40kB) 

Are there any fees?


Please note that Development Applications lodged under the provisions of Schedule 1 of SEPP (Major Development) 2005 and those applications subject to the Joint Regional Planning Panel are to use the definition of Capital Investment Value as defined within the Environmental Planning and Assessment Regulations 2000. Capital investment value of a development or project includes all costs necessary to establish and operate the project, including the design and construction of buildings, structures, associated infrastructure and fixed or mobile plant and equipment.

Submission of the Development Application must be accompanied by the appropriate Development Application fee. A Schedule of Fees can be obtained from Council’s Customer Service Centre. The calculated fee is based on the estimated cost of the work for the development.

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How will my application be determined?


Once lodged with Council, your application is assessed and then determined by one of the following decision making processes:

  •  Under Delegated Authority.
  • By Council’s Development Assessment Unit (DAU) meeting. Development applications determined by the DAU are those which do not comply with the relevant planning regulations/ policies, and/or where an objection has been submitted.
  • By an Ordinary Meeting of the Council. Development applications determined by the elected Council are those of a controversial nature that may have been referred by the DAU or attracted a large volume of objection.
  • NSW Government Joint Regional Planning Panels (JRPPS). Development Applications determined by the Regional Panels include:
  • Designated development;
  • Development with a capital investment value (CIV) over $10 million;
  • The following development with a CIV over $5 million:
      1. Certain public and private infrastructure;
      2. Crown development;
      3. Development where Council is the proponent or has a conflict of interest;
      4. Ecotourism;
      5. Subdivision of land into more than 250 lots.
      6.  Certain coastal developments previously assessed as Major Projects to be determined by the Minister under the Environmental Planning & Assessment Act (EP&A Act).

  Development Application Process - Communication Protocol (724.16kB)
 Concilliation Conference Fact Sheet (218.51kB)

After my application is determined, how will I be advised?  

You will be advised in writing of the determination of your application.  Should there be any outstanding fees, these fees will need to be paid prior to release of approval.

If however, your application is granted consent and there are no outstanding matters, then you will be sent a copy of the Development Consent including conditions of Consent and approved plans.

Please note that if prior to release of Development Consent you are providing Home Warranty Insurance and the value of the insurance differs by more than $25,000 from what was nominated on the application form, you are required to complete a “Statement of Inclusions” form and return this to Council with the Home Warranty Insurance Certificate.

Should your application be refused, a refusal notice will be sent advising of the grounds of refusal.

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