Wingecarribee Shire Council Name of Document, Version Page 1 of 66
Guideline for lodgement of Development Applications
Planning Development and Regulatory Services July 2019
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July 2019
Wingecarribee Shire Council
Guideline to Lodgement of Development Applications, Version 1.1
Disclaimer
Whilst every reasonable effort has been made to ensure that this document is correct at the time of printing,
Wingecarribee Shire Council, it’s agents and employees, disclaim any and all liability to any person in
respect of anything or the consequence of anything done or omitted to be done in reliance upon the whole or
any part of this document.
The guide explains the different approval types for development and activities and how to prepare the
relevant applications.
Please note that compliance with this guide does not mean your application/s will be approved.
To enable an accurate and efficient assessment of your application, WSC strongly recommends that you:
1. Consult WSC’s Duty Planner/Accredited Certifier/Development Engineer before lodging an
application to determine your proposal’s specific requirements. WSC staff can advise you on
relevant planning and building controls and provide preliminary advice on your proposal. Please see
General Advice under Stage 1 in this regard.
2. Ensure your application is fully completed and includes the details, plans and documentation
required. Please refer to WSC’s DA checklists for further guidance.
3. Engage the services of qualified consultant to prepare any required documentation. This is
particularly relevant for more complex developments.
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Contents Preface .................................................................................................................................................................... 5
Purpose of this guide ...................................................................................................................................................... 5
Types of development covered ....................................................................................................................................... 5
How to use this guide ..................................................................................................................................................... 6
Part 1 Getting Started .............................................................................................................................................. 8
Do I need development consent? ................................................................................................................................... 9
Assessment Pathways ................................................................................................................................................ 9
Why is a DA required? .................................................................................................................................................. 11
The Planning System .................................................................................................................................................... 12
1. Environmental Planning and Assessment Act 1979 (EP&A Act) ...................................................................... 12
2. Environmental Planning Regulation 2000 (EP&A Regulation) ........................................................................ 12
3. Environmental Planning Instruments (EPI’s) ................................................................................................... 13
4. Development Control Plans ............................................................................................................................ 15
Part 2 Development Assessment and Construction Approval Process ..................................................................... 18
Stage 1: Pre-Lodgement ............................................................................................................................................... 19
1. Get Informed ................................................................................................................................................... 19
2. Talk to Council ................................................................................................................................................. 19
3. Get a Site Analysis Plan ................................................................................................................................... 20
4. Use Professional Services ................................................................................................................................ 20
5. Book a Pre-lodgement Meeting with Council ................................................................................................. 22
Stage 2: Lodgement and Initial Administration by Council of your Application ........................................................... 23
1. Application Form ............................................................................................................................................. 23
2. Plans and Supporting Documentations ........................................................................................................... 27
3. Checklists ......................................................................................................................................................... 29
4. Development Application Fees ....................................................................................................................... 29
5. Neighbour Notification and Advertising .......................................................................................................... 29
6. Internal and External Referrals ....................................................................................................................... 30
Stage 3: Assessment ..................................................................................................................................................... 31
Stage 4 Determination ................................................................................................................................................. 32
Development Consent ............................................................................................................................................. 33
DA Refusal ................................................................................................................................................................ 33
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Stage 5: Construction Certificate/ Subdivision Works Certificate ................................................................................. 35
During Construction ................................................................................................................................................. 36
Owner-builder .......................................................................................................................................................... 37
Home warranty insurance/Home Building Compensation Fund ............................................................................. 39
Activities under Section 68 Local Government Act 1993 ......................................................................................... 39
Stage 6: Occupation Certificate/Subdivision Certificate ............................................................................................... 40
Glossary ................................................................................................................................................................ 41
Appendix 1: ........................................................................................................................................................... 45
Building Construction Cost Guide ........................................................................................................................... 45
Estimated Cost of Works and Application Fees ............................................................................................................ 45
What do I need to do? ............................................................................................................................................. 46
Appendix 2: ........................................................................................................................................................... 49
Cost Summary Report Template............................................................................................................................. 49
Appendix 3: ........................................................................................................................................................... 53
Naming Convention ............................................................................................................................................... 53
Appendix 4: ........................................................................................................................................................... 54
Application Checklists ............................................................................................................................................ 54
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Preface Purpose of this guide
This guide has been prepared by Wingecarribee Shire Council (WSC) to support the NSW
Department of Planning and Environment’s (DPE) ‘Your Guide to the Development Application
Process’ in order to provide assistance in the lodgement of applications for development
proposals in the Wingecarribee Local Government Area.
This guide explains the process and assists you in preparing and lodging a Development
Application (DA) or a Complying Development Certificate (CDC) as well as explaining the next
steps to get you building or subdividing.
Types of development covered
This guide is most relevant to small scale local development including, but not limited to:
• Erection of a new building or structure – including dwellings, garage/carport, shed,
swimming pool, retaining walls, etc.
• Alterations and/or additions to an an existing building.
• Demolition.
• Development relating to a building or place that is a heritage item or that is located within
a heritage conservation area.
• Subdivision.
• Carrying out of earthworks, excavation or filling.
• Change the use of an existing building, premises or land.
• Advertising Signage.
This guide only deals with development/activities that require consent from WSC. It does not
deal with State Significant Development determined by or on behalf of the Minister. It does
briefly describe Exempt Development to make you aware of that option.
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How to use this guide
Part 1 provides an overview of the NSW planning system to inform you and allow you to better
participate in the development assessment process.
Part 2 describes the process to obtain development consent, either as part of a DA or CDC. The
process is described in stages. You can work through the guide from start to finish or go straight
to the step that is relevant to you.
Part 1 – Getting started Do I need development consent? There are some forms of development that do not require development consent (Exempt
Development) and others that may be approved via a fast track approval pathway (Complying
Development). This section helps you understand whether you require development consent
and what the required pathway is for your development.
Why is a DA required? You may be questioning why you need to get development consent. This section describes
the development consent process.
The planning system The planning system is a framework of legislation, policy and practice. This section will help
you to understand those elements and their importance.
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Part 2 - Development Assessment and Construction Approval Processes Stage 1: Pre-lodgement This section describes actions you can take when you are preparing your DA that will make
the development assessment process easier including understanding your land, engaging
professional services, talking to council and talking to your neighbours.
Stage 2: Lodgement and initial administration by Council of your application This section describes the information that must be included in your DA, and the initial
steps Council takes in its processing (notification, referral and allocation to an assessment
officer).
Stage 3: Assessment This section describes the process Council will follow when undertaking its assessment. It
is important to read through these processes so you can understand what is happening,
when you can expect to hear from Council and how you can participate in the process.
Stage 4: Determination This section explains the possible decisions Council may make about your DA and the
importance of conditions that council might impose on your development consent, if
approved. This section also describes mechanisms that allow you to:
• Modify your development consent;
• Have Council reconsider its decision; or
• Appeal the Council’s decision to the Land and Environment Court.
Stage 5: Construction Certificate/Subdivision Works Certificate Your development consent is an approval for the carrying out of development as proposed
in your DA. You will also need to get a Construction Certificate for any building work, which
considers how your building will be built to ensure it meets Australian Building Standards, is
safe and in accordance with development consent; or a Subdivision Works Certificate for
any subdivision works. You can obtain your Construction Certificate or Subdivision Works
Certificate from Council or an accredited certifier.
Stage 6: Occupation Certificate (Final Inspection)/Subdivision Certificate You must obtain an Occupation Certificate or Subdivision Certificate to certify that you have
met the requirements of your development consent and construction certificate or
Subdivision Works Certificate, and that the building/land is now ready to occupy.
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Part 1 Getting Started
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Do I need development consent?
The NSW planning system has a risk based approach to development. The type of consent or
approval you require, if any, depends upon the scale and potential impacts of your development
(such as on traffic, noise, privacy and solar access) on adjoining properties. There are three
assessment pathways that may apply to smaller scale residential development: exempt
development; complying development; and local development that requires consent from a
consent authority.
Assessment Pathways
Exempt
Development
Complying
Development
Development
Consent
Level of Approval
No approval
Approval by issue of a
CDC by Council or
private certifier
Council consent
Potential impact
Minimal
environmental/amenity
impact
Predictable
environmental/amenity
impact
Could be major
environmental/amenity
impact
Level of Assessment
Must comply with pre-
set standards
Must comply with pre-
set standard Merit assessment
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Exempt Development
Exempt development is minor development that will have minimal impact on the site and
surrounding neighbours or locality. It does not require any consent or approval, if it meets
standards set in either State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 (Codes SEPP) or Wingecarribee Shire Council’s Local
Environmental Plan (WLEP).
Examples of exempt development are:
• Barbecues
• Small decks
• Small Patios
• Fences
Complying Development
Complying Development is a fast track and cost-effective approval process for routine
development, including in some cases one and two storey homes, alterations and additions
and outbuildings. It can be used for development that meets specified predetermined
development standards listed in Council’s WLEP 2010 and the following SEPP’s:
• SEPP (Exempt and Complying Development) Codes 2008 • SEPP (Infrastructure) 2007 • SEPP (Affordable Rental Housing) 2009
Obtaining a complying development certificate is a potential alternative to obtaining
development consent. To check whether you are able to submit a CDC for your
development, apply for a planning certificate from Council
https://www.wsc.nsw.gov.au/application-forms or refer to the NSW Planning Portal
https://www.planningportal.nsw.gov.au/.
Development that requires consent
A DA is an application made to Council seeking approval for a development that requires
consent under the NSW Environmental Planning and Assessment Act 1979 and Council’s
WLEP. It is made to Council and consists of an application form, plans and supporting
documentation.
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Why is a DA required?
A development consent permits a new building/subdivision that may change our environment,
and may affect our amenity or the amenity of those around us.
A DA is required to:
• Manage change to ensure that developments do not negatively impact the environment.
• Balance public and private interests by ensuring a new development fits the character of
the Wingecarribee area and sits comfortably within the ‘public domain’ (e.g. streetscape).
• Provide an impartial process which allows interested members of the community to raise
issues, to ensure a balanced and considered outcome for all (eg. Neighbour Notification).
• Ensure that the hard infrastructure (e.g. Water/sewer, roads, stormwater drainage, car
parking and power supply) and soft infrastructure (e.g. trees and landscaping) needed for
your development is provided.
• Ensure that your building is structurally safe, protected from fire and has appropriate
access to sunlight and ventilation.
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The Planning System
State and local planning legislation and policies set the rules that control what development can
occur on your land. The planning system has a hierarchical structure with the EP&A Act sitting at
the top of the hierarchy, as shown below.
1. Environmental Planning and Assessment Act 1979 (EP&A Act) The EP&A Act sets up the framework for the planning system as follows:
1. How rules affecting development are made; and
2. How development is assessed against those rules.
2. Environmental Planning Regulation 2000 (EP&A Regulation) The EP&A Regulation details certain processes that must be followed by WSC when assessing
a DA. It specifies more detailed matters for consideration and also regulates the fees that can be
charged to receive and assess a DA.
1. Environmental Planning and Assessment Act 1979
2. Environmental Planning and Assessment Regulation 2000
3. Environmental Planning Instruments (EPIs): •State Environmental Planning Policies (SEPPs)
•Local Environmental Plans (LEPs)
4. Development Control Plans
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3. Environmental Planning Instruments (EPI’s) EPIs introduce controls and requirements for specific issues and places in your local government
area. There are two types of EPI’s:
1. State Environmental Planning Policies (SEPPs) deal with issues that are of
importance to the whole State. It is important to note that this does not necessarily
mean that each SEPP will be of relevance to your DA.
2. Local Environmental Plans (LEPs) deal specifically with the Local Government Area
they are for. Each Council has their own LEP which does four main things:
• Zones land to specify what development is permissible without consent,
permissible only with consent or prohibited in the zone.
• Identifies whether your house or the area it is situated in has heritage
significance. If you live in a historic home (heritage item) or area (heritage
conservation area), you are looking after a piece of Australia’s history. This
means you may have to take extra design care in planning your changes.
• Identifies special matters for consideration. There may be specific
environmental issues e.g. flooding and environmentally sensitive land that
may affect your site. Such issues should be addressed in any DA by way of
additional reporting, and may limit the extent or location of the development
on the site.
• Identifies the principal development standards. The principal development
standards control the size and form of development. For construction the
relevant standards may include minimum lot size, maximum building height
and maximum floor space ration (FSR).
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Variations to Development Standards
Development standards may be varied by Council. You can request a variation under
clause 4.6 of the LEP, however Council will not do this lightly and you must clearly justify
why any change should occur. If the development standards prevent appropriate
development of your site and you believe the impact of your development is reasonable
then you should contact Council to find out if a variation is likely to be supported. For
further information see the Department of Planning’s Varying Development Standards: A
Guide by visiting www.planning.nsw.gov.au/vdsguide .
4. Development Control Plans
While the rules set out in LEPs and SEPPs are statutory, more detailed design and planning
requirements are provided in the applicable Wingecarribee Development Control Plans (DCPs).
A table of all DCP applicable under the WLEP is available on the following page, or
https://www.wsc.nsw.gov.au/development-control-plans-applicable-under-wlep-2010.
Under the DCPs, you will find information in simple language on issues such as:
• Building design, sitting and size
• Access to sunlight
• View sharing
• Landscaping
• Car parking
• Heritage
• Stormwater treatment
• Waste management
• Fences and walls
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Location DCP
Avoca Rural Lands
Aylmerton Northern Villages
Balaclava Northern Villages
Balmoral Northern Villages
Berrima Berrima Village
Bowral/East Bowral Bowral Town Plan, Industrial Lands
Braemar/Nattai Ponds Northern Villages, Industrial Lands
Bundanoon Bundanoon
Burradoo Bowral Town Plan
Burrawang Burrawang Village
Canyonleigh Rural Lands
Colo Vale Northern Villages
Exeter Exeter Village, Rural Lands, Rural Living
Fitzroy Falls Fitzroy Falls
Glenquarry Rural Lands
High Range Rural Lands, Rural Living
Hill Top Northern Villages
Joadja Rural Lands
Kangaloon Rural Lands
Medway New Berrima & Medway
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Location DCP
Mittagong/Renwick Mittagong, Industrial Lands
Moss Vale Moss Vale, Moss Vale Enterprise Corridor, Industrial Lands
New Berrima New Berrima & Medway
Penrose Penrose & Wingello Villages
Robertson Robertson Village
Sutton Forest Sutton Forest
Welby Mittagong
Werai Rural Lands
Wildes Meadow Rural Lands
Willow Vale Northern Villages
Wingello Penrose & Wingello Villages
Yerrinbool Northern Villages
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Part 2 Development
Assessment and Construction
Approval Process
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Stage 1: Pre-Lodgement
The pre-lodgement stage is the front end of the development assessment process. If you get the
front end right, you are likely to have a simpler DA process. Giving Council an assessment-ready
application with all the required information will not guarantee approval, although it will enable a
more efficient assessment, saving the applicant both time and money in the long run. Council
recommends the following steps in ensuring an assessment ready application.
1. Get Informed
The development potential of your site is determined by its characteristics and the planning
controls that apply to it. The following are ways you can determine the controls that apply to your
site:
• A Planning Certificate lists the planning instruments that apply to your land. If you
have recently purchased the site, a Planning Certificate would have formed part of
the contract of sale. Otherwise, you can purchase one from Council using the
Planning Certificate- Section 10.7 Application Form available from
https://www.wsc.nsw.gov.au/application-forms.
• Download a property report from the NSW planning portal
https://www.planningportal.nsw.gov.au/. The report is free and provides a simple
overview of the key planning controls that apply to your site.
• Visit Wingecarribee Shire Council’s website https://www.wsc.nsw.gov.au/ for general
planning information and to view the Development Control Plan (DCP) relevant to
your site.
2. Talk to Council
Council’s Development Assessment team have a Duty Planner, Duty Accredited Certifier and
Duty Development Engineer available between 8:30am – 4:30pm Monday to Friday to assist
with general enquiries relating to development, such as:
• DCP and WLEP interpretation
• Development standards
• Site constraints
• Heritage status
• Advice on other approvals needed for development
• Building regulations
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You can contact Council’s Duty Officer on 02 4868 0888, [email protected] or by visiting
the Customer Service Counter, located in the Civic Centre, 68 Elizabeth Street, Moss Vale.
3. Get a Site Analysis Plan
When you are planning and designing your project, you should analyse your site and how it
relates to development on adjoining lands and streetscape. This will help you understand its
development possibilities.
A site analysis plan shows the key characteristics of your site and its relationship to adjoining
land. The plan will show information such as: the location of the buildings, the path of the sun,
trees and other key features on both your site and the adjoining sites (including the street); and
considers the relationship to your neighbours in the context of privacy and overshadowing. The
slope of the land, creeks and drainage are key issues that can impact how and where you can
build on your lands.
Your street will have its own character, which is created by the lot size and shape, the form of
buildings; e.g. setbacks, height, and the landscape character. A site analysis will help ensure
that any development you undertake fits within that character.
A site analysis can be carried out by an architect, draftsperson or designer. An example of a site
analysis plan is shown on the next page.
4. Use Professional Services
In preparing your application and supporting documentation, you may require the services of
industry professionals such as an architect, draftsperson, town planning consultant, plus a
number of other specialists, depending on the complexity of your development and design.
Council strongly recommends you engage the service of technical professionals to help you in
preparing your application to ensure accuracy and enable a smooth and efficient assessment.
Keep in mind, too, that as you move into construction you will need a Principal Certifying
Authority (Council or private), a licensed principal contractor (Builder) and associated sub-
contractors. More information regarding certification can be found via http://bpb.nsw.gov.au/
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Figure: Site Analysis Plan
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5. Book a Pre-lodgement Meeting with Council
A pre-lodgement meeting is a formal process that allows applicants to speak to Council’s
assessment staff prior to submitting a DA. It is a user-pay service for potential applicants, offered
by assessment staff, to ensure applicants are aware of relevant standards, codes and policies
against which their application will be assessed. It is recommended that a pre-lodgement
meeting occur for complex development proposals, especially those relating to multi-dwelling
development, commercial use or substantial development. To get the most out of your pre-
lodgement meeting, it is recommended that as a prospective applicant you supply to Council as
much information as possible about your intended development prior to the meeting to ensure
the appropriate officers are available to discuss your proposal. Input from Council staff during
these meetings can deliver better outcomes and a more efficient assessment process.
The discussion held will be documented, a copy of which will be made available to the applicant
to refer to in preparing their application. Should the application go ahead, Council staff is obliged
to refer to the pre-lodgement meeting documentation as part of the assessment process.
Therefore, a pre-lodgement meeting represents a valuable investment opportunity. You can
book a pre-lodgement meeting using Councils Development Enquiry Form available from
https://www.wsc.nsw.gov.au/application-forms. Further information about Pre-lodgement
meetings can be obtained from Council’s Duty Officers on (02) 4868 0888.
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Stage 2: Lodgement and Initial Administration by Council of your Application
Once you have prepared your application and supporting documentation, you can lodge your
application via mail, email or in person:
Wingecarribee Shire Council
PO Box 141, Moss Vale NSW 2577
Customer Service Counter, The Civic Centre, 68 Elizabeth Street, Moss Vale
Lodgement is the formal start of the DA process. Prior to accepting the application, Council’s
Customer Service and Assessment Team will review the application and information provided for
suitability, and ensure all information requirements are met prior to acceptance and registration
of your application into Council’s corporate system. The EP&A Regulation sets out timeframes
and procedures that must be followed by a consent authority in assessing a DA. If the
information you provide is adequate the ‘clock’ that measures the time council has to assess
your application will start. If the information is inadequate, the application will either be rejected
or the clock will stop until the required information is provided. It is your responsibility as the
applicant to provide all the required information and to make sure your DA provides enough
detail to enable Council to make a decision.
The below steps are designed to assist you in completing Council’s application forms and
preparing your application for lodgement, including obtaining a quotation of development fees.
Fees are set out in Council’s adopted Fees & Charges Schedule and must be paid at time of
lodgement. Fees are based on the estimated cost of the development (or the number of
additional lots in a subdivision) that you must provide, so it is important that all estimates are
accurate. Please note that failure to supply required information or associated development fees
at time of lodgement may result in Council rejecting your application.
1. Application Form
You must supply an Application for Development Approval Form with your application, which is
available from Council’s website https://www.wsc.nsw.gov.au/application-forms.
As part of your proposed development, you may require other types of approvals from Council
such as a Construction Certificate, Approval for Activities under Section 68 of the Local
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Government Act 1993 (e.g. connection to sewer, water & stormwater) or Consent for Works in the
Road Reserve under Section 138 of the Roads Act 1993 (e.g. driveway). Each type of approval
sought will require a separate application form to be completed. In some instances, you may apply
for two types of approvals concurrently. Speak to your professional consultants or Council staff
about what approvals you may require as part of your development.
The below information explains how to complete Councils current Application for Development
Approval form:
• Section 1- Applicant Details
All communication from Council regarding the application will be with the applicant so it is
important to nominate a principal contact person and supply contact details.
• Section 2 – Subject Land
You must supply the legal description (lot and DP) and address of the land your
development is to occur on. This can be obtained via the rates notice for the property or by
contacting Council.
• Section 3 – Proposed Development
This section of the form captures an overview of the proposed development including the
type of development, total value of works and a description of the development.
Firstly, please tick the box of the applicable development. Local development is the most
common type of development, with development ranging from home extensions to commercial,
retail and industrial developments/subdivision. A development is considered local development
if a Local Environmental Plan (LEP) or SEPP states that development consent is required before
the development can take place.
Development may also be classed as an Integrated Development. Integrated Development is
defined by the EP&A Act as development which needs a Development Consent and one or more
additional approvals under other Acts. The type of approval needed, and the agency it is needed
from, varies. It is the applicant’s responsibility to determine which approvals are needed.
Development that involves or relates to any matter such as bushfire prone lands, heritage, roads,
pollution, river and lakes, using water, aboriginal relics and places may be ‘Integrated
Development’.
Applications for Integrated Development will be referred to the relevant agency by Council to obtain
their “general terms of approval”. These requirements will then be incorporated in the conditions of
any development consent issued by Council. Examples of relevant agencies and the applicable
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Acts are outlined on the following page. If the relevant agency doesn’t issue general terms of
approval, then the application will be refused.
A development that is likely to have significant impact on the environment may be classed as a
“Designated Development”. Designated Development includes industries that have a high
potential to pollute, large scale developments and developments that are located near sensitive
environmental areas.A list of designated developments is provided in Schedule 3 of the
Environmental Planning and Assessment Regulation 2000.
Applications for Designated Development are rare and are determined by the Joint Regional
Planning Panel.
The total value of works is a combination of the commercial value of labour and materials for the
development. You may also need to supply a cost summary report as part of your application.
The description of the development should correspond to a definition under the Wingecarribee
Local Environmental Plan 2010. A common description of what you are proposing is not
acceptable. Whilst it is your responsibility to accurately characterise and define your proposed
development, Council’s Duty Officers are available to assist where there may be some confusion.
Lastly, please indicate if you have received any pre-application advice from Council, either by way
of a pre-lodgement meeting or through Duty Officer advice. Council encourages you to come and
obtain advice from us before lodging your application.
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Agency Act
Subsidence Advisory NSW Coal Mine Subsidence Compensation Act 2017
Department of Primary Industries - Fisheries Fisheries Management Act 1994
Office of Environment and Heritage Heritage Council of NSW
Heritage Act 1977
NSW Resources & Energy Mining Act 1992
Environment Protection Authority Protection of the Environment Operations Act 1997
Department of Industry – Water Water NSW
Water Management Act 2000
Roads and Maritime Services Roads Act 1993
Rural Fire Service Rural Fires Act 1997
• Section 4 - Integrated Development
This section is to be completed if your application is Integrated Development, as outlined in
the terms above. If you are unsure if your application should be integrated, please seek
advice from Councils Duty Town Planner. Please note that Integrated Development
Applications require additional information and fees.
• Section 5 - Subdivision
This section only relates to subdivision applications. If your proposal relates to a proposed
subdivision, just need to indicate the type of subdivision (Torrens, Community or Strata)
and the number of existing and proposed lots in the subdivision (and whether there are any
new roads to be constructed).
• Section 6 - Political Donations and Disclosure
Any persons with a financial interest in the application are required to disclose all reportable
political donations and gifts made within the previous 2 years when making an application
to the Council. A disclosure must also be made of any reportable political donations or gifts
made during the period the application is being considered prior to it being determined.
These include:
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i. All reportable political donations made to any local councillor of the council;
and
ii. All gifts made to any local councillor or employee of that council. A
reportable political donation made to a local councillor of any local council
includes any donation made at the time the person was a candidate for
election to the council.
• Section 7 - Probity
Complete this section to confirm if you are a Council staff member or Councillor or a family
member of a Council staff member or Councillor.
• Section 8 - Owners Details and Declaration
Council will not accept your development application without the full consent of ALL
registered landowners.
If works are being carried out in a Strata complex, the Strata Title body corporate will need
. Prior to carrying out works in a Strata complex it is encouraged to grant owners’ consent
that you discuss your proposal with the Strata complex. If the Strata Title body corporate
owner’s consent is required the application must be signed by an authorised person under
the common seal of the body corporate.
If the owner is a company; either the signature of an authorised person identifying their
office held, signed under the company seal, or if no company seal; two directors’ signatures
and their office held, one director and a company secretary and their office held, or in the
case of a proprietary company that has a sole director who is also the company secretary –
that director’s signature and office held.
2. Plans and Supporting Documentations
• Plans
The actual plans required for your proposal will depend on the type of development
proposed and are listed on the Development Application Lodgement Checklist.
Council requires two (2) sets of all plans in hard copy and one set in electronic format. This
can be done by supplying the plans on a USB or a disc. If you are emailing in your
application, please be aware that a printing fee as per Council’s adopted Fees & Charges
Schedule may apply. Each set of plans is to be saved as a separate PDF and be no bigger
than 20MB. Each set of plans is to be titled in accordance with Council’s Naming
Convention appended to this Guide (Appendix 3).
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Please note that failure to supply either a printed or electronic copy may result in additional
fees.
• Statement of Environmental Effects
Schedule 1 of the EP&A Regulation states that a Development Application must be
accompanied by a Statement of Environmental Effects (SOEE) except in the case of
Designated Development (where an EIS is required). A SOEE is not required for CDCs.
A SOEE is a detailed report outlining the likely environmental impacts of the development
and the proposed measures to be taken to lessen this impact. The SOEE must address all
the issues that are applicable to your proposal. The amount of information required will
depend on the type and scale of your application and may include:
• A description of the site and surrounding locality
• Present and previous uses of the site
• Existing structures on the land
• A detailed description of the proposal
• Operational and management details
• Assessment of the provisions of any applicable SEPPs, and the LEP (including the
zoning of the land and any non-compliances)
• Assessment of the provisions of any draft SEPPs or LEPs (that are or have been
placed on public exhibition)
• Assessment of the provisions of any applicable DCPs (including documenting any
non-compliances)
• The likely impacts of the development (including environmental impacts on both
the natural and built environments, and social economic impacts in the locality);
• The suitability of the site for the development
• The public interest.
Your SOEE should clearly demonstrate that in designing your proposal, you have fully
considered the site constraints and the applicable legislative provisions. WSC will not
accept your Development Application without an adequate and legible SOEE. A SOEE that
does not include the required information may cause delays in the processing of your
application. It is recommended that you engage the services of a qualified town planning
consultant to prepare the SOEE on your behalf.
Council requires the SOEE to be submitted in hard copy and in electronic format. This can
be done by supplying the SOEE on a USB or a disc. The SOEE is to be saved as a
separate PDF and be no bigger than 20MB. When SOEEs exceed this size they are to be
saved in parts and labelled accordingly.
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• Associated Documentation
The associated documents required for your proposal will depend on the type of
development proposed, the constraints of the site and the complexity of the DA. The
particular types of associated documents are listed on the relevant DA Checklist.
Council requires all associated documents to be submitted in hard copy and electronic
formats. This can be done by supplying the documents on the same USB or disc as plans
and SOEE. Each associated document is to be saved as a separate PDF and be no bigger
than 20MB. Each associated document is to be titled in accordance with WSC's Naming
Convention appended to this Guide (Appendix 3).
3. Checklists
The Development Application Checklists outline the specific requirements for your
development and form part of your development application. You must ensure that you
complete all sections of the checklist. This will ensure you have all the plans and supporting
documents needed to lodge your DA.
All CDCs must be accompanied by a completed Complying Development Certificate Form.
Council’s Complying Development Certificate Form outlines the information that needs to
accompany an application for a CDC. You must ensure that you provide all the information
outlined on the form. This will ensure you have all the plans and supporting documents
needed to lodge your CDC.
The Development Application Form, Checklists and Complying Development Certificate
Form are available on Council's website https://www.wsc.nsw.gov.au/application-forms or
from Councils Customer Service Counter located in the Civic Centre, 68 Elizabeth Street,
Moss Vale.
4. Development Application Fees
You must pay development application fees upon lodgement of your application. The fees
are calculated on the capital investment value, or number of lots, of your development
proposal. You can obtain a development fee quotation by contacting Customer Service on
(02)48680888, [email protected] or by coming into the Customer Service Counter
located at the Civic Centre, 68 Elizabeth Street Moss Vale.
5. Neighbour Notification and Advertising
Once your DA is lodged and checked, formal neighbour notification may occur in
accordance with Council’s Notification of Development Proposals Policy,
https://www.wsc.nsw.gov.au/policies whereby your plans and application is made available
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 30 of 66
to view online and in person at the Customer Service Counter for the purpose of review and
comment.
Neighbour notification is a key element in the DA process. Raising issues can be a positive,
value adding exercise as all stakeholders work together for a mutually beneficial outcome.
6. Internal and External Referrals
Council has internal experts who will comment on different environmental issues pertaining
to your application, which will be handled via an internal referral.
External referral may occur to some government agencies that have special roles to
provide comment or concurrence within their areas of authority. Some examples include
consultation with NSW Rural Fire Service if your property is bushfire prone land or The
Office of Environment and Heritage if your proposal is near or affects a State Heritage Item.
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 31 of 66
Stage 3: Assessment
All DA’s are assessed by Council. The six matters that Council must consider (under section
4.15 of the EP&A Act) are:
1. Applicable plans and policies – SEPPs, LEPs and DCPs – as outlined in Part 1 of this
guide.
2. Impacts of your proposal on the natural and built environment, and the social and
economic impacts on the locality.
3. Suitability of your site for your proposal, e.g. physical characteristics, availability of access
and services.
4. Any submissions such as those from neighbours or other groups.
5. Any comments or agreements/approvals from any Government Agency.
6. The broader public interest.
An assessment officer will be assigned to your DA and will be your main point of contact for the
assessment of your application. It is important to note that your assessment officer will be
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handling multiple applications at once and frequent calling will slow them down, therefore it is
recommended that you wait for your assessment officer to contact you in the first instance. If
there is a significant issue or need for clarification, your assessment officer will contact you.
Determination timeframes vary depending on the complexity of your application, however it is
expected that a determination will be reached within 40 days or less. Also, if you have engaged
someone else to be an applicant on your behalf, such as a builder or architect, then Council’s
communication will be with that person nominated as the principal contact.
If you follow the appropriate steps outlined in Stage 1 – Pre lodgement, then the assessment
officer will most likely have all the information required to make a decision about your application
in a timely way. However, it may be necessary for the assessment officer to contact you or your
nominated applicant to request clarification or additional information. It is helpful if you can
respond quickly and get your team of consultants to talk directly with Council when needed.
DA Tracker
You can keep track of your application via Council’s online DA Tracker, available at
https://www.wsc.nsw.gov.au/da-tracker
Stage 4 Determination
There are three possible outcomes for a DA:
1. Development Consent: Granted,
with conditions
2. Refusal: With reasons
3. Deferred Commencement: That is, a consent is not operational
until one or more matters are resolved.
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Development Consent
Your development consent is an important legal document. The consent will last for five years
unless another period is specified by council or physical commencement has occurred, in which
case it will not lapse. You must build or subdivide according to the conditions to avoid possible
penalties or having to take costly rectification measures. As an owner, you should carefully read
and discuss these conditions with your certification and building team, as the consent may modify
the proposal you submitted. Some conditions are mandatory and must be applied on all
development consents, e.g. your house must meet the National Construction Code. Consent will
also often include conditions about what other approvals may be required prior to work
commencing, such as approval under Section 68 of the Local Government Act 1993 for water,
sewer and stormwater connections. Some standard conditions to bring to your attention, or that of
your team, include:
• Erection of signs on-site with contact details for the Principal Certifying Authority (PCA) and
principal contractor.
• Ensure that operation on the site do not adversely impact on your neighbours, e.g. hours of
work, waste management and controlling of run off and erosion.
• Payment of any bonds to be paid.
• Payment of developer contributions, where applicable.
DA Refusal
If your DA is refused or granted with conditions you are unsatisfied with, you have three options, all
of which will require some time and additional cost:
• Request a Review of Determination. A request for review under Section 8.2 of the EP&A
Act must be lodged with Council and determined within six months of the decision, so you
will need to allow enough time for this to occur if pursuing this option. There will also be
associated fees required to be paid upon lodgement. A fee quote estimate can be obtained
from Customer Service by calling 48680888 or emailing [email protected] and an
application form is available from https://www.wsc.nsw.gov.au/application-forms or from the
Customer Service Counter in the Civic Centre, 68 Elizabeth Street Moss Vale.
• Commence an appeal to the Land and Environment Court. An appeal can be made
under Section 8.7 of the EP&A Act to the Land and Environment Court. You have six
months to lodge an appeal from the date of the determination. The court hears from you or
your representative, council, relevant experts and potentially the community, and
determines whether the DA should be approved and what conditions should apply. The
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appeal process can be lengthy and costly, particularly if a matter is not resolved through
mediation before going to a hearing.
• Modify and re-lodge your application (if Approved with unacceptable conditions). You can make changes to your approved plans or conditions via a modification of consent,
under Section 4.55 of the EP&A Act. This option may be needed if you change your mind
on a particular aspects of your development. The development you seek to modify must
remain substantially the same as the development the original consent was granted for. If
the application varies too much from the original consent a new DA must be lodged instead.
There are three main types of modification that can be applied, under separate parts of the
EP&A Act, described on the following page. A fee quote estimate can be obtained from
Customer Service by calling 48680888 or emailing [email protected] and an
application form is available from https://www.wsc.nsw.gov.au/application-forms or from the
Customer Service Counter in the Civic Centre, 68 Elizabeth Street Moss Vale.
Section Modification Description
4.55 (1) This type of modification is used to correct minor errors, mis-descriptions or
miscalculations contained in the consent notice and do not include any
physical alterations to the development.
4.55 (1A)
This type of modification is used for minor variations, which will have
minimal environmental impact, to either the physical appearance of the
building or conditions which were accurately imposed. Examples of this
might include:
• Modification to internal floor layouts/levels of buildings • Modification to external colours or materials of buildings • Changes to hours of operations
4.55(2) This type of modification is used for all other types of variations. The
modification needs to ensure that it remains substantially the same as what
was approved.
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Stage 5: Construction Certificate/ Subdivision Works Certificate
Before you can start work on your development, after receiving Development Consent, you must
do the following four things:
1. Get a Construction Certificate/Subdivision Works Certificate
A Construction Certificate (CC) for building or a Subdivision Works Certificate for subdivision can
be obtained either from Council or a private certifier. A CC includes your detailed building
plans/engineering details and specifications. The plans will most likely contain a lot more
information than your approved DA plans so as to allow your builder/contractor to work directly
from them. CCs enable the certification of buildings while Subdivision Works Certificates certify
civil engineering works (i.e. road and stormwater infrastructure) associated with subdivisions. In
order to obtain either Certificate you may be required to first provide additional reports and pay
bonds or development contributions to the Council. These details will be covered in the
conditions of your development consent.
2. Appoint a Principal Certifying Authority (PCA)
A PCA can either be an accredited certifier from Council or a private accredited certifier, and must
be appointed by the person having the benefit of the development consent, i.e. the owner, not the
builder. If Council is appointed the PCA, Council becomes the building inspector/subdivision
engineer and must carry out all the roles of the PCA. In NSW, certifiers are accredited by the
Building Professionals Board (BPB). The accreditation scheme sets the criteria for an accredited
certifier and establishes a code of conduct and annual program for continuing professional
development. A PCA’s role is to:
• Ensure compliance with the development consent conditions and the construction
certificate or the complying development certificate.
• Ensure compliance with the National Construction Code.
• Carry out all the required critical stage inspections associated with the building works.
• Issue the Occupation Certificate or Subdivision Certificate when all works are completed
and satisfied that the building is suitable for occupation or use, and all works associated
with the subdivision are completed.
When a private certifier is appointed as the PCA they take responsibility for the development site
and are required to fulfil all the roles of the PCA. Council is not the regulator of private certifiers.
Any complaints about the conduct and actions of a private certifier must be directed to the BPB.
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More information on lodging a complaint about a private certifier can be found on the Building
Professionals Board’s website http://bpb.nsw.gov.au or by calling on 02 8522 7800.
3. Give the Council and the PCA two days’ notice before work begins.
A PCA must be appointed prior to the commencement of any building work in accordance with a
complying development certificate or a development consent and construction certificate
4. Complete any works listed in the ‘Prior to commencing work’ part of the consent.
During Construction
As an owner, your role is to work with the PCA and builder to manage the site and organise
inspections. Missing an inspection can lead to delays or prevent the issue of the Occupation or
Subdivision Certificate, so it is important to book your inspections as soon as practicable. If Council
is acting as your PCA, you can book an inspection through the MyInspect hotline on 1300 842 361
for the following business day (must be prior to 3pm.) Keeping a close eye on the work and being
sure it is consistent with the development consent and any conditions attached is very important.
An order can be issued by Council to stop work and fix any errors, and may even lead to the issue
of a Penalty Infringement Notice. The EP&A Act specifies enforcement measures that can be
applied if a development is not built in accordance with its consent. You should also keep your
neighbours informed and report any complaints to the builder and the PCA.
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Choosing a Certifier
As an owner, you have the choice as to whom issues your Construction Certificate, Complying
Development Certificate or Subdivision Works Certificate. The Certifying Authority can either be
Council or an Accredited Certifier. The NSW Building Professionals Board BPB accredits all
certifiers that are not employed by Council, and provides information on their website about the
process www.bpb.nsw.gov.au.
Owner-builder
Owner-builder work is any work, including supervision and coordination of the construction,
alterations, repairs or additions to a property:
• Where the reasonable market cost (including labour and materials) exceeds
$10,000, and
• Which relates to a single dwelling house, dual occupancy or a secondary dwelling
that:
o Requires development consent under Part 4 of the Environmental Planning
and Assessment Act 1979, or
o Is a complying development within the meaning of that Act.
Note: an owner-builder permit will only be issued for a dual occupancy development in cases of
special circumstances.
An owner-builder permit is for people who have the skill or capacity to build their own house or
supervise construction work. While an owner-builder permit is not a builder’s licence, as an owner-
builder, you are responsible for the building work in the same way a fully licensed builder would be.
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As an owner-builder, you are responsible for:
• Overseeing and supervising all tradespeople.
• Ordering materials and managing the building site.
• Obtaining all necessary approvals.
• Ensuring that the financial, taxation and insurance requirements of the building work
are met and fully comply with all laws.
• Being aware of your obligations under the Workers Compensation Act 1987 and the
Work Health and Safety Act 2011 to provide a safe work environment that complies
with SafeWork NSW requirements. Significant penalties may apply if you don’t meet
this obligation. Councils “dealing with hazardous materials” page has more
information on some possible risks, such as asbestos and lead.
• Ensuring any contractor engaged is appropriately licensed and insured to do the
work contracted for.
• Warranting that the materials and work will be fit for the purpose and result in a
dwelling that can be occupied.
To be eligible for an owner-builder permit, the development approval must be in respect of a single
dwelling-house or a secondary dwelling. In special circumstances dual occupancies may be
approved.
An owner-builder permit cannot be issued for:
• Renovations to an existing apartment/unit/flat/townhouse within a strata complex.
• Property not for residential purposes.
To get an owner-builder permit, you must lodge an owner-builder permit application either:
• Online using the NSW Department of Fair Trading’s online application form and
process.
• In person at a Service NSW centre. To find out if you’re eligible and to download
the relevant owner-builder forms, use the Owner-builder self-assessment tool before
going to the service centre.
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Home warranty insurance/Home Building Compensation Fund
If the estimated development cost exceeds $20,000 (including material supplied by the contractor)
each licensed contractor (builder or tradesperson) who contracts directly with an owner-builder to
do residential building work must provide insurance under the Home Building Compensation Fund
(previously called Home Warranty Insurance) from an approved insurance provider.
As an owner-builder, you should receive a copy of the certificate of insurance before:
• Work starts.
• You pay any money to a contractor.
Activities under Section 68 Local Government Act 1993
Certain activities may also require approval under the Local Government Act (LG Act) 1993. The
most common activity approvals are:
• Water, sewer and stormwater connections.
• Installation and operation of an onsite sewage management system.
• Operate a caravan park, camping ground or manufactured home estate.
• Install a domestic oil or solid fuel heating compliance.
Under Section 4.12 of the Environmental Planning and Assessment Act 1979 (EP&A Act) a
person can apply to Council for both a development consent and an approval under the LG Act
concurrently, although separate application forms, and applicable fees, will be required. A fee
quote estimate can be obtained from Customer Service by calling 48680888 or emailing
[email protected] and an application form is available from
https://www.wsc.nsw.gov.au/application-forms or from the Customer Service Counter in the Civic
Centre, 68 Elizabeth Street Moss Vale.
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Stage 6: Occupation Certificate/Subdivision Certificate
The Occupation Certificate (OC) authorises the occupation and use of a new building or building
section. The Subdivision Certificate authorises the registration of a plan of subdivision under Part
23 of the Conveyancing Act 1919.
The issue of the final OC is the last step in the formal DA and construction process (though there
could be ongoing ‘operational’ conditions such as maintaining appropriate noise levels or
landscape maintenance). In issuing an OC, the PCA must be satisfied that the development meets
various regulatory standards, including:
• A development consent is in force.
• A construction certificate has been issued.
• The design and construction of the building is consistent with the development consent and
construction certificate, in accordance with Stamped Plans.
• Any pre-conditions set out in the consent or requirements of planning agreements have
been satisfied.
• That the building is suitable for occupation in accordance with its BCA classification.
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Glossary
List of abbreviations used:
BC Act Biodiversity Conservation Act 2016
BC Regulation Biodiversity Conservation Regulation 2017
BCA Building Code of Australia
BPB NSW Building Professionals Board
CC Construction Certificate
CDC Complying Development Certificate
DA Development Application
DCP Development Control Plan
EP & A Act Environmental Planning and Assessment Act 1979
EP & A Regulation Environmental Planning and Assessment Regulation 2000
EPI Environmental Planning Instrument
LEP Wingecarribee Local Environmental Plan 2010
LGA Wingecarribee Local Government Area
NCC National Construction Code
OC Occupation Certificate
OEH NSW Office of Environment & Heritage
PCA Principal Certifying Authority
SC Subdivision Certificate
SWC Subdivision Works Certificate
SOEE Statement of Environmental Effects
SEPP State Environmental Planning Policy
WSC Wingecarribee Shire Council
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Accredited Certifier means the holder of a certificate of accreditation as an accredited certifier
under the Building Professionals Act 2005. Also referred to as a ‘Certifying Authority’.
Appeal is the right of a person to challenge a decision in court, for example, a decision by a
council to refuse a DA, or impose a particular condition of consent.
Building Code of Australia (BCA) means the document of that name published on behalf of the
Australian Building Codes Board in October 1996, together with:
• Such amendments made by the Board, and
• Such variations approved by the Board in relation to NSW, as are prescribed by the
regulations.
Building work means any physical activity involved in the erection of a building.
Complying Development is routine development that an EPI provides can be approved by
meeting specified predetermined development standards.
Complying Development Certificate (CDC) is a certificate that states that particular proposed
development is complying development and (if carried out as specified in the certificate) will
comply with all development standards applicable to the development and with other requirements
prescribed by the regulations concerning the issue of a complying development certificate and, in
the case of development involving the erection of a building, that identifies the classification of the
building in accordance with the Building Code of Australia.
Consent Authority, in relation to a DA (or an application for a Complying Development
Certificate), means:
• The council having the function to determine the application, or
• If a provision of the EP&A Act, the regulations or an EPI specifies a Minister, the Greater
Sydney Commission, the Planning Assessment Commission, a joint regional planning
panel, local planning panel, or public authority (other than a council) as having the function
to determine the application – that Minister or the Greater Sydney Commission, Planning
Assessment Commission, panel or authority, as the case requires.
Construction Certificate (CC) is a certificate to the effect that work completed in accordance with
specified plans and specifications will comply with the requirements of the Act and Regulations.
Development Application (DA) means an application for consent under Part 4 of the EP&A Act to
carry out development. It is usually made to the local council. It consists of standard forms, detailed
plan drawings and a number of detailed documents (called ‘submission requirements’).
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 43 of 66
Development consent means consent under Part 4 of the EP&A Act to carry out development
and includes, unless expressly excluded, a Complying Development Certificate.
Development Control Plan (DCP) is a detailed guideline that illustrates the controls that apply to
a particular type of development or in a particular area and is made under the EP&A Act.
Dwelling means a room or suite of rooms occupied or used, or constructed or adapted so as to be
capable of being occupied or used as a separate domicile.
Environmental Planning Instruments (EPIs) means an LEP or SEPP made under Part 3 of the
EP&A Act. They contain the controls that apply in relation to the development of an area/site.
Exempt Development is classified in an EPI as development that may be carried out without the
need for development consent because it will have minimal environmental impact, so long as any
requirements of the EPI are satisfied.
Local Environmental Plan (LEP) is a form of EPI made under the EP&A Act. It is the principal
legal document for controlling development at the council level. LEPs contain zoning provisions
that establish permissibility of uses and specify standards that regulate development. They are
prepared by councils and approved by the Minister.
Occupation Certificate (OC), issued by the Principal Certifying Authority, is a certificate that
authorises the occupation and use of a new building, or a change of building use for an existing
building. It is a post-construction check on whether necessary approvals and certificates are in
place for the development and the building is suitable for occupation or use in accordance with its
BCA classification. In some instances, “Occupation” refers to a Final Certificate eg. for a shed or
deck.
Principal development standards are those standards that are so important that they are
included in the LEP e.g. building height, floor space ratio.
Public Domain refers to public land adjoining or in the vicinity of a site. For instance, streets,
footpaths and public reserves.
Secondary dwelling means a self-contained dwelling that:
• Is established in conjunction with another dwelling (the principal dwelling), and
• Is on the same lot of land as the principal dwelling, and
• Is located within, or is attached to, or is separate from, the principal dwelling.
Site Analysis is a bird’s eye view plan showing where the sun is, and identifying trees and other
key features on-site and adjoining sites (including the street).
Solar access means the availability of sunshine to a property.
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State Environmental Planning Policies (SEPPs) are a form of EPI made under the EP&A Act by
the Governor to make provision with respect to any matter that, in the opinion of the Minister, is of
State or regional environmental planning significance.
Statement of Environmental Effects (SOEE) is a formal report prepared for the applicant in
support of their DA, addressing the council controls and the merits of the proposal.
Streetscape refers to the view from the public domain, usually the street (and possibly a laneway
or public reserve).
Subdivision Certificate is a certificate that authorises the registration of a plan of subdivision
under Part 23 of the Conveyancing Act 1919.
Subdivision Works Certificate is a certificate to the effect that subdivision work completed in
accordance with specified plans and specifications will comply with the requirements of the
regulations.
Zoning is the system of categorising land uses as prohibited, requiring consent or not requiring
consent within particular areas. Zones (such as Residential or Commercial) are shown in map form
and their objects and permissible uses are set out in the Local Environmental Plan (WLEP 2010).
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Appendix 1:
Building Construction Cost Guide This guide applies to estimate cost of works for the following applications:
• Development Applications (DAs)
• Construction Certificates (CCs)
• Complying Development Certificates (CDCs)
Note: this guide is not relevant to subdivision works.
Estimated Cost of Works and Application Fees
The Environmental Planning and Assessment Regulation 2000 specifies that application fees for
Development Applications are to be calculated on the 'estimated cost' of works for a development
and other characteristics of the development. WSC also bases its fees for CC's and CDC's on the
cost of works for a development.
Planning Circular PS13-002, issued by the NSW Department of Planning & Environment, provides
additional information regarding the estimated cost of works.
The cost of a development is not only the costs involved in the construction of building/s, but the
costs associated with the entire development proposal, including all ancillary work. A genuine
estimate of the cost of works of a development includes:
• The demolition cost of a building/works.
• The construction costs of buildings.
• The costs associated with the preparation of buildings for the purpose for which they are to
be used (such as the costs of installing plant, fittings, fixtures and equipment).
• The cost of landscaping works.
• The cost of other ancillary work.
• All related Goods and Services Taxes.
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A list of the common development types and minimum rates of construction are included in this
guide to help you calculate an accurate ‘estimated cost' of works for a development.
What do I need to do?
Include the following information in your application:
• All components of your development, including any earthworks and/or demolition.
• The cost of each work component based on the table below.
• The total cost of your development to show the total estimated cost of the works that form
part of this DA.
Alternatively, you may choose to provide Council with a detailed cost estimate of each component
from a practicing registered quantity surveyor or if the development includes elements not listed in
the table.
An example of how the guide is used to calculate the costs of works for an addition to a dwelling
house and installation of an in ground swimming pool is shown in the table below.
Type of Development Area Costs guide
(per m2) Total ($)
Ground floor additions 70m2 $1,550 $108,500
In ground concrete pool <40m2 $40,000 $40,000
Pool fencing 20m $131 $2,620
Total cost of works $151,120
Where development contributions apply for the development you will be required to provide a cost
estimate report from a quantity surveyor where the cost of works is greater than $100,000.
More information can be found on Council’s website here:
https://www.wsc.nsw.gov.au/development/developer-contributions-plans-development-servicing-
plans
How does Council confirm the estimate provided?
Council will assess the cost of work by applying the unit rates for each component of the proposed
work (as identified in the list of rates provided in this guide). The building cost indicators are
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reviewed periodically to reflect market rates. A number of sources are used to derive the figures in
this guide including, but not limited to:
• Rawlinson’s Australian Construction Handbook.
• Archicentre Cost Guides.
• Cordell’s Building Cost Guides.
• Cost estimates derived from applications lodged with Council.
• Insurance certificates issued for projects under the Home Building Compensation Fund
(previously Home Owners Warranty Insurance).
Council will treat development proposals that fall outside the parameters of this guide on their
merits. Council will accept the estimated cost you state on your application form within 10% of the
cost calculated using this guide. If Council determines that the estimated cost of your proposal is
greater than your stated figure by more than 10%, you will be advised, the figure adjusted and an
invoice sent to you for any additional fees. Council may reject or defer an application if an estimate
cost of works is considered to not be genuine or accurate.
What if I disagree with WSC’s determination of the estimated costs of works?
If you disagree with Council’s determination of the estimated cost of works, you may choose to
provide Council with a detailed elemental cost estimate of each component from a practicing
registered quantity surveyor for Council to review.
Council will reject applications where it is not satisfied that the estimated cost of works is
accurate and genuine. Provided on the following page is a table to provide guidance on what
Council considers to be accurate and genuine estimated costs of works.
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 48 of 66
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 49 of 66
Appendix 2:
Cost Summary Report Template The genuine cost of the development proposed in a development application should include costs
based on industry recognised prices, including cost for materials and labour for construction and/or
demolition and GST. If the estimate is understated, the figure will need to be adjusted. Additional
application fees may then be incurred.
Various commercial entities publish building and construction cost guides/calculators which can be
referenced. The Australian Institute of Quantity Surveyors provides technical guidance on
estimating costs and methods of measurement in the Australian Cost Management Manuals.
1. General Project Information
Project Information
Development Name
Development Address
Description of Development
Floor Areas Gross Floor Area (Commercial) m2
Gross Floor Area (Residential) m2
Gross Floor Area (Retail) m2
Gross Floor Area (Industrial) m2
Gross Floor Area (Other) m2
Parking Gross Floor Area (Parking) m2
Number of Parking Spaces
Demolition Works
Other Works
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 50 of 66
2. Estimated Cost of Development
Attach either Table 1 or Table 2 below. If the development is over $1,000,000, a Quantity
Surveyor’s Report prepared by a registered Quantity shall be attached verifying the cost of the
development.
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 51 of 66
Table 1: COST SUMMARY REPORT TEMPLATE – Based on Works Component
Cost (applicant’s genuine estimate)
Demolition works (including cost of removal from site and disposal) $
Site preparation (e.g. clearing vegetation, decontamination or
remediation) $
Excavation or dredging including shoring, tanking, filling and
waterproofing $
Preliminaries (e.g. scaffolding, hoarding, fencing, site sheds,
delivery of materials, waste management) $
Building construction and engineering costs
• concrete, brickwork, plastering
• steelwork/metal works
• carpentry/joinery
• windows and doors
• roofing
$
Internal services (e.g. plumbing, electrics, air conditioning,
mechanical, fire protection, plant, lifts) $
Internal fit out (e.g. flooring, wall finishing, fittings, fixtures,
bathrooms, and equipment) $
Other structures (e.g. landscaping, retaining walls, driveways,
parking, boating facilities, loading area, pools) $
External services (e.g. gas, telecommunications, water, sewerage,
drains, electricity to mains) $
Professional fees (e.g. architects and consultant fees, excluding
fees associated with non-construction components) $
Other (specify) $
Parking / garaging area $
GST $
TOTAL $
I certify that:
• I have provided the estimated costs of the proposed development and that those costs are based on industry recognised prices; and
• the estimated costs have been prepared having regard to the matters set out in clause 255 of the Environmental Planning and Assessment Regulation 2000
Applicant Name: (Print) Applicant signature: Date:
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 52 of 66
Table 2: COST SUMMARY REPORT TEMPLATE – Based on Floor Space Estimates
Floor space of development $ rate per m2
Demolition & site preparation /m2 of site area $
Excavation /m2 of site area $
Construction commercial /m2 of commercial area $
Construction residential /m2 of residential area $
Construction retail /m2 of retail area $
Construction industrial /m2 of industrial area $
Construction other /m2 of other area $
Fit out commercial /m2 of commercial area $
Fit out residential /m2 of residential area $
Fit out retail /m2 of retail area $
Fit out industrial /m2 of industrial area $
Fit out other /m2 of other area $
Car parking /m2 of car parking area $
Professional fees (e.g. Architects and consultant fees, excluding
fees associated with non-construction components)
$
Total construction cost $
Total GST $
Total development cost $
I certify that:
• I have provided the estimated costs of the proposed development and that those costs are based on industry recognised prices; and
• the estimated costs have been prepared having regard to the matters set out in clause 255 of the Environmental Planning and Assessment Regulation 2000
Applicant Name: (Print) Applicant signature: Date:
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 53 of 66
Appendix 3:
Naming Convention This Naming Convention has been prepared to ensure you name and save the separate parts of
WSC’s Forms and Associated Documents in a manner that will protect your privacy and expedite
the lodgement of your application.
WSC requires all information to be submitted in an electronic format. This can be done by
supplying all the information on a USB or via e-mail (e-mail will incur a printing charge as per
Councils Fees & Charges Schedule). All documents are to be saved as a separate PDF and be no
bigger than 20MB. When documents exceed this size they are to be saved in parts and labelled
accordingly. WSC requires all documents to be named and saved in accordance with the following
naming convention:
Document title – Address of Development – Applicant Name
Example: Development Application (this is not a definitive list, refer to relevant checklist):
• Development Application Checklist – 123 Fake Street Wingecarribee – John Smith
• Development Application Form – 123 Fake Street Wingecarribee – John Smith
• Statement of Environmental Effects – 123 Fake Street Wingecarribee – John Smith
• Architectural Plans – 123 Fake Street Wingecarribee – John Smith
• Concept Stormwater Management Plans – 123 Fake Street Wingecarribee – John Smith
• Driveway Long Section Plans – 123 Fake Street Wingecarribee – John Smith
• Landscape Plans – 123 Fake Street Wingecarribee – John Smith
• Neighbour Notification Plans – 123 Fake Street Wingecarribee – John Smith
• Cost Report – 123 Fake Street Wingecarribee – John Smith
• Waste Minimisation & Management Plan – 123 Fake Street Wingecarribee – John Smith
• On-Site Disposal of Effluent Report – 123 Fake Street Wingecarribee – John Smith
• Bushfire Assessment Report – 123 Fake Street Wingecarribee – John Smith
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 54 of 66
Appendix 4:
Application Checklists
Residential - Required Information Choose the relevant Development Type from the columns on the right-hand-side. A non-shaded box indicates information detailed in that row is required. Use the relevant boxes to check off each requirement as you gather the necessary information.
Required
Information
ANCILLARY RESIDENTIAL
LOW DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL
Add
ition
s &
alte
ratio
ns to
ex
istin
g dw
ellin
g
Out
build
ings
(gar
ages
, ca
rpor
ts e
tc.)
Swim
min
g po
ols
& s
pas
Sing
le d
wel
ling
Rur
al d
wel
ling
Dua
l occ
upan
cy o
r se
cond
ary
dwel
ling
Man
or h
ouse
Mul
ti dw
ellin
g ho
usin
g (T
erra
ce
Mul
ti dw
ellin
g ho
usin
g
Res
iden
tial f
lat b
uild
ing
Seni
ors
hous
ing
Shop
-top
hous
ing
Electronic Copies Completed
Development
Application form
Statement of
Environmental
Effects
BASIX Certificate
Cost report Waste Minimisation
& Management Plan
Onsite Effluent
Disposal Report
Section J
Verification
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 55 of 66
Residential - Plans
Plans*
ANCILLARY RESIDENTIAL
LOW DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL
Add
ition
s &
alte
ratio
ns
to e
xist
ing
dwel
ling
Out
build
ings
(gar
ages
, ca
rpor
ts e
tc.)
Swim
min
g po
ols
& s
pas
Sing
le d
wel
ling
Rur
al d
wel
ling
Dua
l occ
upan
cy o
r sec
onda
ry
dwel
ling
Man
or h
ouse
Mul
ti dw
ellin
g ho
usin
g (T
erra
ce
Mul
ti dw
ellin
g ho
usin
g
Res
iden
tial f
lat b
uild
ing
Seni
ors
hous
ing
Shop
-top
hous
ing
Site plan/s
Proposed site
plan/s
Concept
stormwater
management
plan
Driveway long
section plan
Floor space ratio
calculation plan
Neighbourhood
notification plan
Landscape plan
Shadow diagram
*two storey only *
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 56 of 66
Residential - Additional Information as required. Council may ask for further information during the assessment process. If the answer is YES to any of the questions below, then Council will require further information and/or plans (and possibly extra fees) to be submitted with the Development Application. In this case, it is suggested you speak to a Council Officer to ascertain what additional information is required. Supplying this information up-front can help reduce delays during the development assessment process.
Additional Information that may be
required
ANCILLARY RESIDENTIAL
LOW DENSITY
RESIDENTIAL MEDIUM DENSITY
RESIDENTIAL
Add
ition
s &
alte
ratio
ns
to e
xist
ing
dwel
ling
Out
build
ings
(gar
ages
, car
port
s et
c.)
Swim
min
g po
ols
& s
pas
Sing
le d
wel
ling
Rur
al d
wel
ling
Dua
l occ
upan
cy o
r sec
onda
ry
dwel
ling
Man
or h
ouse
Mul
ti dw
ellin
g ho
usin
g /T
erra
ce
Mul
ti dw
ellin
g ho
usin
g
Res
iden
tial f
lat b
uild
ing
Seni
ors
hous
ing
Shop
-top
hous
ing
Alteration, enlargement or extension to an existing dwelling with an estimated construction cost of $50,000 or more or a swimming pool or spa with a combined capacity of 40,000 litres or more?
Y/N Y/N Y/N
Construction of a new building or additions and alterations to an existing building greater than one storey?
Y/N Y/N Y/N
Changes to or the installation of a new driveway? Y/N Y/N Y/N
Requests to vary any Development standards of Wingecarribee Local Environmental Plan (LEP) 2010?
Y/N Y/N Y/N Y/N Y/N Y/N Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Demolition Y/N Y/N Y/N Y/N Y/N Y/N Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Earthworks Y/N Y/N Y/N Y/N Y/N Y/N Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Development on bushfire-prone land? Y/N Y/N Y/N Y/N Y/N Y/N
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 57 of 66
Additional Information that may be
required
ANCILLARY RESIDENTIAL
LOW DENSITY
RESIDENTIAL MEDIUM DENSITY
RESIDENTIAL
Add
ition
s &
alte
ratio
ns
to e
xist
ing
dwel
ling
Out
build
ings
(gar
ages
, car
port
s et
c.)
Swim
min
g po
ols
& s
pas
Sing
le d
wel
ling
Rur
al d
wel
ling
Dua
l occ
upan
cy o
r sec
onda
ry
dwel
ling
Man
or h
ouse
Mul
ti dw
ellin
g ho
usin
g /T
erra
ce
Mul
ti dw
ellin
g ho
usin
g
Res
iden
tial f
lat b
uild
ing
Seni
ors
hous
ing
Shop
-top
hous
ing
Development on flood-prone land? Y/N Y/N Y/N Y/N Y/N Y/N Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Development on or adjacent to a
Heritage Item/Area? Y/N Y/N Y/N Y/N Y/N Y/N Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Development on land which is or
may be contaminated? Y/N Y/N Y/N Y/N Y/N Y/N Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Development that may significantly
affect the threatened species,
populations or ecological
communities?
Y/N Y/N Y/N Y/N Y/N Y/N Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
State Government approval? Y/N Y/N Y/N Y/N Y/N Y/N Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
A residential flat building of at least
three storeys and containing at least
four dwellings? Y/N Y/N Y/N Y/N Y/N Y/N Y/
N Y/N
Y/N
Y/N
Y/N
Y/N
Senior’s housing on land not zoned
primarily for urban purposes, land that
is within a “special uses” zone or land
that is used for the purposes of an
existing registered club?
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 58 of 66
Commercial/Industrial Choose the relevant Development Type from the columns on the right-hand-side. A non-shaded box indicates information detailed in that row is required. Use the relevant boxes to check off each requirement as you gather the necessary information.
Required Information
DEVELOPMENT TYPE
Food
& D
rink
Prem
ises
Alte
ratio
ns to
C
omm
erci
al/In
dust
rial
Bui
ldin
g
Alte
ratio
ns to
Ed
ucat
iona
l bu
ildin
g
New
C
omm
erci
al
Bui
ldin
g
New
Indu
stria
l B
uild
ing
New
Ed
ucat
iona
l B
uild
ing
Electronic Copies
Completed Development Application form
Statement of Environmental Effects
Cost report
Waste Minimisation & Management Plan
Section J Verification
Plans*
Site plan/s
Proposed site plan/s
Detailed plans of Commercial Kitchen
Signage Plans
Concept Stormwater Management Plan
Driveway Long Section Plan
Floor Space Ration Calculation Plan
Landscape plan
Neighbour Notification Plan
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 59 of 66
Commercial/Industrial- Additional Information as required.
Council may ask for further information during the assessment process. If the answer is YES to any of the questions below, then Council will require further information and/or plans (and possibly extra fees) to be submitted with the Development Application. In this case, it is suggested you speak to a Council Officer to ascertain what additional information is required. Supplying this information up-front can help reduce delays during the development assessment process.
Additional Information that may be required
DEVELOPMENT TYPE
Food
& D
rink
Prem
ises
Alte
ratio
ns to
C
omm
erci
al/In
dust
rial
Bui
ldin
g
Alte
ratio
ns to
Edu
catio
nal
build
ing
New
Com
mer
cial
Bui
ldin
g
New
Indu
stria
l Bui
ldin
g
New
Edu
catio
nal B
uild
ing
Does the proposed development involve both a residential and commercial component? If YES, please ensure to include both commercial and residential documentation, as outlined in BOTH checklists.
Y/N Y/N Y/N Y/N Y/N Y/N
Is there a proposed change to the building’s classification under the Building Code of Australia, or extensive alterations to the existing building proposed?
If YES, a BCA Report, prepared by a suitably qualified person, may be required.
Y/N Y/N Y/N Y/N Y/N Y/N
Requests to vary any Development standards of Wingecarribee Local Environmental Plan (LEP) 2010?
Y/N Y/N Y/N Y/N Y/N Y/N
Requests to vary any Development Controls of a Wingecarribee Development Control Plan (DCP)?
Y/N Y/N Y/N Y/N Y/N Y/N
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 60 of 66
Additional Information that may be required
DEVELOPMENT TYPE
Food
& D
rink
Prem
ises
Alte
ratio
ns to
C
omm
erci
al/In
dust
rial
Bui
ldin
g
Alte
ratio
ns to
Edu
catio
nal
build
ing
New
Com
mer
cial
Bui
ldin
g
New
Indu
stria
l Bui
ldin
g
New
Edu
catio
nal B
uild
ing
Demolition:
- Asbestos & Hazardous Material Assessment Audit
- Risk Assessment and Management Plan
- Demolition Plan
Y/N Y/N Y/N Y/N Y/N Y/N
Earthworks
- Source or destination of material/s
- Classification of material/s
Y/N Y/N Y/N Y/N Y/N Y/N
Development on bushfire-prone land? Y/N Y/N Y/N Y/N Y/N Y/N
Development on flood-prone land?
- Flood assessment report may
be required
Y/N Y/N Y/N Y/N Y/N Y/N
Development on or adjacent to a
Heritage Item/Area?
- Heritage Impact statement
and/or a Heritage Conservation
Management Plan may be
required
Y/N Y/N Y/N Y/N Y/N Y/N
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 61 of 66
Additional Information that may be required
DEVELOPMENT TYPE
Food
& D
rink
Prem
ises
Alte
ratio
ns to
C
omm
erci
al/In
dust
rial
Bui
ldin
g
Alte
ratio
ns to
Edu
catio
nal
build
ing
New
Com
mer
cial
Bui
ldin
g
New
Indu
stria
l Bui
ldin
g
New
Edu
catio
nal B
uild
ing
Development on land which is or
may be contaminated?
- Contamination Assessment
Y/N Y/N Y/N Y/N Y/N Y/N
Development that may significantly
affect the threatened species,
populations or ecological
communities?
- Species Impact Statement may
be required
Y/N Y/N Y/N Y/N Y/N Y/N
State Government approval? Y/N Y/N Y/N Y/N Y/N Y/N
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 62 of 66
Subdivision Choose the relevant Development Type from the columns on the right-hand-side. A non-shaded box indicates information detailed in that row is required. Use the relevant boxes to check off each requirement as you gather the necessary information.
Required Information
DEVELOPMENT TYPE
Subd
ivis
ion
of la
nd
Subd
ivis
ion
of b
uild
ing
Electronic Copies
Completed Development
Application form
Statement of Environmental Effects
Cost report
Waste Minimisation & Management Plan
Plans*
Site plan/s
Subdivision Plans
Strata Plans
Concept Stormwater Management Plan
Neighbour Notification Plan
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 63 of 66
Subdivision- Additional Information as required. Council may ask for further information during the assessment process. If the answer is YES to any of the questions below, then Council will require further information and/or plans (and possibly extra fees) to be submitted with the Development Application. In this case, it is suggested you speak to a Council Officer to ascertain what additional information is required. Supplying this information up-front can help reduce delays during the development assessment process.
Additional Information that may be required
DEVELOPMENT TYPE
Subd
ivis
ion
of la
nd
Subd
ivis
ion
of
build
ing
Does the proposed development involve both subdivision and construction? If YES, please ensure to include documentation as outlined in BOTH checklists as required.
Y/N Y/N
Requests to vary any Development standards of Wingecarribee Local Environmental Plan (LEP) 2010? Y/N Y/N
Requests to vary any Development Controls of a Wingecarribee Development Control Plan (DCP)? Y/N Y/N
Construction of a public or private vehicular access or drainage?
- Engineering Plans (drawn to scale) including any elevations, cross sections and longitudinal sections of proposed private access ways and public roads and/or stormwater drainage pipes.
Y/N Y/N
Earthworks
- Source or destination of material/s
- Classification of material/s
Y/N Y/N
Creation of Battle-axe blocks, public open space or public roads?
- Landscape plan in accordance with the applicable DCP must be supplied
Y/N
Development on bushfire-prone land? Y/N Y/N
Development on flood-prone land?
- Flood assessment report may be required Y/N Y/N
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 64 of 66
Additional Information that may be required
DEVELOPMENT TYPE
Subd
ivis
ion
of la
nd
Subd
ivis
ion
of b
uild
ing
Development on or adjacent to a Heritage Item/Area?
- Heritage Impact statement and/or a Heritage Conservation Management Plan may be required
Y/N Y/N
Development on land which is or may be contaminated?
- Contamination Assessment Y/N Y/N
Development that may significantly affect the threatened species,
populations or ecological communities?
- Species Impact Statement may be required
Y/N Y/N
State Government approval? Y/N Y/N
*Plans Site Plan/s Separate site plans may be provided to differentiate between existing and proposed,
and should contain:
• boundary dimensions, site area & true (not magnetic) north point
• location of any easements and services, including location of on-site sewage management
system and trenches
• existing vegetation/trees
• existing levels of land in relation to buildings and roads
• the location and uses of existing building/s on the development and adjoining sites
• the location of any existing parking spaces
• location of proposed building/s or works, including distances of building/s to boundaries,
existing buildings and adjoining development/s
• location of proposed driveways and parking spaces
• location of outdoor clothes drying area
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 65 of 66
• location of garbage storage/collection
• proposed method of draining stormwater from land/building, including on-site detention (i.e. rainwater tanks)
Proposed Site Plans must contain the following information:
• Floor plans, showing:
o proposed ground levels, floor levels and road levels (AHD levels preferable,
essential if on flood prone land)
o The proposed use of each room/space
• Elevation and Section Plan, showing:
o proposed external finishes and
o internal and external height/s of any proposed building/s
• BASIX commitments as listed on the BASIX Certificate (if required, see “Additional
information that may be required” below)
• Location of solid fuel heater and/or any air-conditioning systems, including the location of
any flue/chimney (if proposed).
• If the proposal is in an area that is subject to bushfire:
o Level of Construction Requirements
• If the proposal includes any demolition:
o The structures to be demolished
Concept Stormwater Management Plan to be prepared by a suitably qualified person, showing
how stormwater is to be managed on the site.
Driveway Long Section Plan should include the design levels of any proposed driveways.
Floor Space Ratio Calculation Plan showing the calculation of the floor space in accordance with
Clauses 4.4 and 4.5 of Wingecarribee LEP 2010.
Neighbourhood Notification Plan Neighbour Notification Plan/s (A4 size only) need to indicate
the height, external appearance and the location of the development on the site. Neighbour
Notification Plan/s shall include:
• Site Plan
• Elevation Plans
• Dimensions
Neighbour Notification Plan/s must exclude floor plans.
Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 Page 66 of 66
354
July 2019
Wingecarribee Shire Council
Guideline to Lodgement of Development Applications, Version 1.1
Civic Centre, Elizabeth St, Moss Vale, NSW 2577.
PO Box 141, Moss Vale. t. (02) 4868 0888 f. (02) 4869 1203
e. [email protected] ABN 49 546 344 354