If you are planning to build or erect a structure; make alteration or additions to a structure; subdivide; or operate a business, industry or intensive farming practice you are more than likely required to apply to Council for approval to do so.
Development will in most situations fall into one of the following three categories:
development that does not need consent;
development that needs consent;
development that is prohibited.
There are two main factors that determine if your development falls in one of the above categories:
Legislation requirements and
Land Constraints
The NSW Department of Planning and Environment has created the Planning Portal to help everybody with their development. Some of the tools available on the website include:
Interactive buildings
Electronic Housing Code
Property information
BASIX information
And lots more
To check out the Planning Portal please click here
There are eight different planning approval pathways in NSW. The size and scale of the development will determine which of the assessment pathways is appropriate.
Many types of minor home renovations and small building projects such as the erection of a carport, balcony, deck or garden shed don't need a planning or building approval. These types of projects are called exempt development. As long as the building project meets specific development standards and land requirements, no planning or building approval is needed.
Other straightforward, low impact residential, commercial and industrial developments that do require planning approval may qualify for a fast track approval process known as complying development. If the application meets specific standards and land requirements a complying development certificate (CDC) can be obtained through your local Council or an accredited certifier without the need for a full development application.
Find out more about all eight planning approval pathways in NSW by clicking one of the below mentioned:
For Leeton Shire Council fact sheet on Development Types click here
Thinking of subdividing your land? Click here for information on the Subdivision development process.
Boundary adjustments
Boundary adjustments are a type of subdivision development under the Environmental Planning and Assessment Act 1979 that alter the boundaries between adjoining allotments.
Boundary adjustments are either exempt development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) or local development requiring development approval from Council.
To be exempt development for a boundary adjustment, it must meet the following criteria:
must not carried out on land that a heritage item or draft heritage item is situated, and
must not create additional lots or the opportunity for additional dwellings, and
must not result in any lot that is smaller than the minimum size specified in the Leeton Local Environmental Plan 2014 in relation to the land concerned (unless a lot or lots whose boundaries are being realigned is or are already smaller than the minimum size and that lot or those lots will only increase in size at the completion of the subdivision), and
must not adversely affect the provision of existing services on a lot, and
must not result in any increased fire risk to existing buildings, and
if located in Zone RU1, RU2, RU3, RU4, RU6, E1, E2, E3 or E4—must not result in more than a minor change in the area of any lot, and
if located in any other zone—must not result in a change in the area of any lot by more than 10%,
If your boundary adjustment meets the criteria contact a solicitor or surveyor to continue with formalising your development.
If your boundary adjustment does not meet the criteria for exempt development contact Council’s Building, Planning and Health staff by phoning (02) 6953 0911 or via email council@leeton.nsw.gov.au
The development application process at Leeton Shire Council can be summarised by the following points, for a more detailed description of the process and what documents are expected to be submitted with your development application click here:
Once you submit your Development Application (DA) with all the appropriate documentation and pay the relevant application fee, it is assigned to an assessment officer who will undertake an initial review of the application and the associated documentation and plans, including a site inspection.
If necessary, your application will be sent for referral to applicable bodies internal and external to Council.
If Council require additional information to complete the assessment, you will be notified in writing. In some cases Council may “stop the clock” until the requested information is supplied.
Once all necessary information has been provided, certain applications will need to be notified or advertised. Local residents who are affected by the development are able to make a submission to Council. Click here for information on how to make a submission.
Upon completion of any notification period, Council will then complete the assessment of your DA.
You are then notified of the determination (approval or refusal) of your DA.
BASIX is a web based building design tool that aims to ensure that each new dwelling design meets the NSW Government’s target of a 40% water reduction and a 25% reduction in greenhouse gas emissions, compared with the NSW average.
The commitments contained in a BASIX Certificate identify the sustainable features required to be incorporated into the building design. These features may include:
Sustainable design elements such as recycled water,
Rainwater tanks,
AAA showerheads and taps,
Native landscaping,
Heat pump or solar hot water heaters,
Gas space heaters,
Roof eaves / awnings and wall/ceiling insulation,
Building orientation and winter solar access to living areas.
Details are listed at the BASIX website or you can contact the BASIX Helpline on 1300 650 908.
A Development Application of Complying Development Certificate Application for the following requires a BASIX Certificate:
A new dwelling, including a secondary dwelling,
Residential units,
Residential renovations with a value greater than $50,000, and
Installation of a swimming pool with a capacity greater than 40,000 litres.
The plans and specification also submitted must identify the BASIX commitments, which will to be checked prior to occupation of the building.
Plans and/or specifications which are inconsistent with the relevant BASIX Certificate, will not be approved by Council and as such Council will require the applicant to submit consistent information before proceeding with the assessment process by either amending the plans/specifications or by resubmitting a new BASIX certificate with commitments that match the rest of the application.
The Association of Building Sustainability Assessors (ABSA) represents a list of energy assessors who can assist in making your new home more energy efficient and producing the BASIX Certificate. A list of ABSA accredited Assessors can be found at the ABSA website
Applicants can also generate their own BASIX Certificate using the NSW Department of Infrastructure Planning and Natural Resources’ BASIX website
For more information, phone the BASIX Help Line on 1300 650 908.
Council is required to notify adjoining and neighbouring owners that may be affected by a development proposal. Therefore, in most instances, Council will send out notification letters to persons or organisations that may wish to comment on or object to the proposed development.
In some circumstances, Council is also required to advertise a Development Application in the local newspaper.
During the notification/advertising period, the notification plans and other documentation will be available for viewing online and at Council's offices. Any interested parties are invited to view the plans and make submissions. Any submission must be made before the end of the notification period, any submission made after this period is not likely to be taken into consideration when assessing the development.
For details on how to make a submission on a development application click here.
All submissions must be in written form and sent to Council’s postal address or email as follows and directed to the General Manager:
Leeton Shire Council
23-25 Chelmsford Place
Leeton NSW 2705
or
Once development consent has been received the conditions must be read. These conditions outline what needs to be completed before, during and after construction of the development.
A Development Consent has a limited life that must be strictly observed. A consent given by Council will expire if not commenced within a specified period of no more than five years after the approval date.
In most cases where there is construction works, a Construction Certificate will need to be obtained from either Council or a private Accredited Certifier before carrying out any work on site.
Appointment of either the Council or a private Accredited Certifier as the Principal Certifying Authority (PCA) is required for the development. This is usually the same person or organisation that issues the Construction Certificate.
The PCA is required to carry out inspections at specific stages of the works and to issue an Occupation Certificate upon completion of the development.
For further details on the construction certificate process click here
Amendments or changes to the approved plans
If a development application is approved, but some changes to the approval need to be made, an application to modify the consent needs to be submitted by lodging an application to modify a development consent with Council using the combined application form.
In most cases, an amended (or new) Construction Certificate must also be obtained from the appointed Certifier before carrying out any modifications or changes to the development.
Formerly ‘Home Warranty Insurance’
All residential building work exceeding $20,000 total value requires a Certificate of Insurance taken out under the Home Building Compensation Fund in accordance with Part 6 of the Home Building Act 1989.
Council requires a copy of this insurance prior to commencement of any works.
Certificates must show the correct property details to which the Certificate relates and identify all work covered under the building contract e.g. Dwelling and Swimming Pool.
Please note: Residential Building Work is defined under the Home Building Act 1984
An Owner Builder is a home owner who holds a Permit and performs the traditionally role of a licensed builder and manages construction work that is being carried out on his or her own residential premises An owner/builder permit is obtained from the Department of Fair Trading for all residential building work exceeding $10,000. A copy of the permit is to be submitted to Council.
Permits must show the correct property details and Development Application or Complying Development Certificate numbers to which the permit relates.
If the work exceeds $20,000, an owner/builder will be required to complete a course prior to obtaining the permit. For further details visit your local Department of Fair Trading office, phone 14 77 88 or visit their website.
Please note: Residential Building Work is defined under the Home Building Act 1984
It is an offence to carry out development without the required development consent or to carry out development or building work that is not in accordance with the consent. The relevant development consent or modification to an existing development consent must be obtained from Council before carrying out the works or modifications.
Significant penalties apply to unauthorised development, so always check with Council before carrying out any development or making changes to an approved development.
Leeton Shire Council is the regulator of plumbing and drainage works in the Leeton Local Government Area.
Council works with the plumbing industry to ensure that all plumbing and drainage is carried out in accordance with the Acts, Regulations and Standards, which include:
On-site Domestic Wastewater Management ASNZS 1547:2000;
Local Government Act 1993;
Plumbing Code of Australia;
ASNZS 3500 Plumbing & Drainage; and
Local Government (General) Regulation 2005
Council approval must be obtained if a developer is planning to connect or disconnect from any of Council's water, sewer or stormwater systems and if intending to carry out any work which may affect Council’s systems.
This includes any major or minor works such as plumbing and drainage work involved with minor alterations, renovations, additions or the relocation of an existing drainage line.
Council approval is also required for plumbing work being carried out on properties connected to On-site Waste Management Systems.
Please contact Council’s Environmental Planning and Development team on (02) 6953 0911 for further details.
Fire Safety is essential for the majority of residential, commercial, industrial and rural structures.
Below is a brief out line of Fire Safety, for more detailed information please click here
What are essential fire safety measures?
Essential fire safety measures are items that are installed into a building to ensure the safety of the occupant within that building. They are measures that allow for occupants to escape from a building under fire in a safe and timely manner, examples of essential fire safety measures may include but are not limited to:
Fire hose reels
Fire hydrants
Automatic fire detection and alarm systems
Fire doors
Fire extinguishers
Smoke exhaust systems
Exit signs
Emergency lighting
What needs to be installed in my building?
Attached to any development approval for commercial or industrial buildings (Class 2-9 buildings), whether they be for a new building or additions and alteration, there will be a Fire Safety Schedule provided by Council listing all the essential fire safety measures that are to be installed.
If the development involves a change of a buildings use Council can also require existing measures to be upgraded under a fire safety order.
Fire Safety Certificate
A Fire Safety Certificate is certificate that is submitted by the building/business owner, which certifies that each of the specified essential fire safety measures listed in the Fire Safety Schedule have been installed.
A Fire Safety Certificate must be submitted prior to the issue of an Occupation Certificate.
Fire Safety Statement
An Annual Fire Safety Statement states that each essential fire safety measure installed has been assessed by an appropriately qualified person and was found, when it was assessed, to be capable of performing to a standard no less than that specified in the most recent Fire Safety Schedule.
Every twelve months, an Annual Fire Safety Statement must be prepared and forwarded to Council.
Domestic Fire Safety
Working smoke alarms must be located on each level through a home or residential building.
All smoke alarms provided in the dwelling shall be connected to the consumer mains power supply, be interconnected where there is more than one alarm and have a stand-by power supply (battery back-up).
Asbestos has been used in thousands of homes throughout Australia. It is most commonly found in fibro. In 2003, the manufacture and supply of asbestos was banned.
The Asbestos (Special Waste) Disposal Procedure outlines the minimum requirements for the safe disposal of asbestos waste at the Leeton Landfill and Recycling Centre. This procedure applies to members of the public and Licenced Asbestos Contractors disposing of asbestos waste. Asbestos Waste from outside the Leeton Shire local government area will not be accepted at the Leeton Landfill and Recycling Centre.
Leeton Landfill and Recycling Centre accepts asbestos waste. However as asbestos waste must be disposed of by burial, acceptance of the waste is subject to prior arrangement being made by phoning Council’s Leeton Landfill and Recycling Centre on (02) 6955 6384.
To download a copy of the Leeton Shire Council Asbestos Policy please click here
Are you intending to change the use of a property or any structure on that property, such as clothes shop to a café or a shed to a granny flat?
If so you may require development approval.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) outlines the forms of low-impact commercial and industrial change of use development that can proceed as exempt development (requiring no planning approval) or complying development (requiring the issuing of a Complying Development Certificate (CDC)).
Other development not specified within the Codes SEPP will require a development application.
Please contact Council’s Building, Planning and Health staff for any assistance in regards to Change of use development by phoning (02) 6953 0911 or via email council@leeton.nsw.gov.au
Approval is required for the demolition of most structures within the Leeton Shire. However the State Environmental Planning Policy (Exempt & Complying Development Codes) 2008 (Codes SEPP), contains requirements for exempt and complying development throughout NSW with regards to demolition.
You can use the NSW Planning Portal or contact Council’s Planning, Environment and Development staff to determine whether you can use the Codes SEPP to demolish a structure.
If you cannot use the Codes SEPP, a Development Application will need to be lodged with Council for demolition. For more information on demolition click here
You can contact Council’s Building, Planning and Health Team by phoning (02) 6953 0911 or via email council@leeton.nsw.gov.au
