Government Departments & Environment Impact Assessment

Government Authorities Affecting Building Work

• Local Council• Department of Fair Trading• Workcover NSW

Local Councils

Local Councils will control

1.Town Planning2.Approvals3.Certification4.Construction Process affecting the Local

Community

Town Planing

Town Planning develop policies and plans for:• the use of land and resources and• advise on the economic, environmental, social

and cultural needs of local areas

Council Building Department

Department that deals with Building may have different names

• Building Department• Health & Building Department• Development Department

Building Surveyor

• Executive Head off Building Department

• Title dependant on Council– Ryde , Manager Environmental Health & Building– Woollahra, Manager Building Compliance

– Assistant Building Surveyor

Senior Building Inspector

• Efficient operation of department• Liaison with other departments

Plan Checker

• Responsible for checking and preparation of conditions of approval before submission

Area Building Inspector

• Now called certifiers

• Ensure Buildings is constructed according to approved plans

Council

Council Building Department is made up of 2 parts

1.Assessment

2.Compliance

Definition – Local Environmental Plan (LEP)

• A Local Environmental Plan is the principal legal document for controlling development at the council level. The zoning provisions establish permissibility of uses and standards regulate the extent of development. They are prepared by councils and approved by the Minister for Planning after public exhibition

Willoughby Council LEP

Definition - Development Application (DCP)

• A Development Control Plan is a detailed guideline that illustrates the controls that apply to a particular type of development or in a particular area. A Development Control Plan refines or supplements a regional environmental plan or local environmental plan and is made according to the Environmental Planning and Assessment Act 1979

Naremburn Village DCP

Development Application

• To ensure that Proposed Development complies will Local LEP’s and DCP’s.

• Can only approved by council (unless it is an Integrated Development)

• Decision on DA must be given within 40 days or it is deemed to have been rejected

• read page 10 – 15 to Building Applications• Development Applications last 5 years,

dependant on Council - change page 12

Development Application

• The DA must be advertised for community input to asses its impact on the community

• Depending on the Application it may need to be advertised or local neighbours notified

Ryde Council Noification

Development Application

Compare with your notes on page 11Ryde Council

Development Application

Ryde Council

Sample DA Application

• View DA application Form

How is a DA Determined

Development Application

• View council meeting

Development Application

• View Development Application

Intergraded DevelopmentSome types of development also require an approval, licence or

permit from another State agency or department, as well as development approval from council such as:

• excavation or removal of material within 40m of a river, lake or lagoon

• cut, remove, damage or destroy marine vegetation • damage, move, alter or undertake any development on an

item listed on the Heritage Act (State Significant Development)

• destroy, deface or damage an Aboriginal Relic or Aboriginal Place

• licences to pollute • erecting a structure or working within a Crown roads, tollway

or freeway.

When is a DA required

• A DA is required unless the proposed structure is a COMPLYING or EXEMPT development

Complying & Exempt Developments

• Certain buildings or developments that have a low impact and do not require a development application or a construction certificate are categorised as Exempt Development or Complying Development. Randwick Council has prepared a Local Environmental Plan (LEP) and a Development Control Plan (DCP) which set out the relevant controls for these types of development

Randwick Council

Exempt DevelopmentExempt development is development that complies with specified criteria. It is of a

minor nature and may be carried out without Council consent. Exempt development includes certain:

• television aerials, air conditioning units and barbeques • retaining walls and fences • awnings, pergolas, cabanas, greenhouses, gazebos, garden sheds and cubby houses • driveways, pathways, patios and other paved or sealed areas at ground level • non-structural/non-load-bearing internal alterations and building renovations • repairs and maintenance work • re-cladding of walls/roofs and skylights • disabled access facilities • home activities • special events • water tanks.

For this type of development to be carried out without consent, all of the specified criteria and requirements must be met, including compliance with the Building Code of Australia. If any of the criteria cannot be met, a complying certificate or development approval is required.

Complying Development

Some of the types of development listed as complying development include:

• alterations and/or additions to dwelling houses • internal alterations to commercial buildings • carports and garages • shade structures, conservatories, awnings and pergolas • new dwelling houses (single storey only) • fences and retaining walls • fire safety upgrading works • hoardings • shop or office fit outs, shopfronts and awnings • home activities • portable classrooms • certain types of subdivision • swimming pools and spas • changes of certain commercial uses.

If approved, a complying development certificate can be issued by Council, usually within ten days.

Randwick Council Complying & Exempt Developmens

Assessment Process • 1. Pre-Assessment Team

The Pre-Assessment Team will undertake a preliminary assessment of the application to ensure that the information provided complies with Council's policies and they will also check the quality of the plans. If there are any noticeable problems the applicant will be notified, usually in writing, within 7 days. This may delay the processing of the application if there is insufficient information provided to commence the assessment.

• The team determines the officer who will assess the application and any referrals required to specialist council officers such as landscape architect, development engineer.

Assessment Process

• 2. Notification and Submissions The application may require notification, in accordance with City of Ryde Development Control Plan 2006

• During the notification period members of the community are entitled to make submissions about the proposed development. Also copies of the application including plans are available for viewing at the Customer Service Centre.

Assessment Process

• 3. Assessing Officer When the notification period has finished the assessing officer will commence assessing the application.

• The application may be determined under delegated authority or dependant on the nature of the application, the submissions received and/or variations to Council's codes the application may be forwarded to the Council for determination

Assessment Process• 4. Determination

The applicant and all those who made submissions will be informed of the determination. Applicants who are not satisfied with the determination may seek a review of the determination and/or appeal to the Land and Environment Court

• If consent is granted applicants would then need to apply for and receive a construction certificate before work can commence.

Construction Certificate

• Used to be called Building Certificate

• Effect has been scaled back to DA Phase– Engineering / Hydraulic etc Drgs– Notify Prescribed Certifying Authority (PCA)– Update drawings to take account of DA conditions– Pay fees such as Long Service Levy, – Notify Builder– Proof of Home Owners Warranty

Prescribed Certifying Authority (PCA)

• Is appointed by the applicant• Ensures that building is built as per the

Development Approval and Construction Certificate

• Receives Certificates such as waterproofing, fire rating,

• Issues Occupation Certificate• Does not have to be council

Department of Fair Trading• Building Services Division Administers Home

Building Act 1997 • Licenses Builders & Trades• Provide Compliance Auditing of the Home

Building Act• Prosecutions for illegal work (Licence required

for Labour & Material over $1000• Prosecutes for Misconduct by Builders• Investigate and provide advice for consumers• Only Deals with residential building matters

Complaints

Home Owners Warranty

• Dept Fair Trading does not issue Home Owners Warranty – delete page 8

• Structural Defects for 6 years – does not affect common law rights

• Non Structural Defects 2 years• Incomplete Works

Home Owners Warranty

• Only for Residential Construction

• Only available to licensed contractors

• Must be provided where the works are valued over $12 000

• Less than 3 storeys and– 2 or more dwellings

Home Owners Warranty

Must be provided before1.Taking any money on the contract2.Commencement of Work3.Supplying a kit home

Home Owners Warranty When can a claim be made

Insurance of last resort,

Contractor DiesContractor becomes insolventContractor disappears and reasonable attempts have been made to find them

20% of Contract Value for Bankruptcy etc to a Maximum of $300 000 for defective work