Introduction To The Development Process
All development proposals in Junee Local Government Area must be assessed to ensure they comply with relevant planning controls and, according to nature and scale, that they are environmentally and socially sustainable. State, regional and local plans and policies indicate what level of assessment is required
The development assessment system in New South Wales is set out in Parts 4 and 5 of the Environmental Planning and Assessment Act 1979. The Act ensures that members of the public can participate in decisions that will shape their community's future.
In New South Wales, if you intend to build, develop or use land, your first step is to go to the local council responsible for that land. The council can tell you about:
- the rules for developing the particular site under the council's local plan
- the development assessment process and any issues they know might affect development and use of the site.
There are a number of development assessment types, for minor work you may not even require approval. The first step to take is to find out what type of development consent is required on your land for the type of work you intend to do. Having found out more about the site and the rules for development, you will be able to work out which of the following development assessment categories applies to you:
- Exempt Development
- Complying Development
- Local Development
- State Significant Development
- Integrated Development
- Designated Development
- Advertised Development
- Prohibited development
- Heritage Issues
A proposed development is 'exempt development' if it will only have a minimal impact on the local environment (for example small fences, barbecues and pergolas) and is classified as exempt development under the State Environmental Planning Policy (Exempt & Complying Development Codes) 2008. You will not need to get development consent as long as you satisfy the requirements in this plan. Where your development can not fit the pre-set standard conditions or is on land excluded from the exempt development regime then you are likely to require Local Development approval.
If what is proposed is common or routine, it may be classified as 'complying development' by the Council. The impact on the local environment must be predictable and minor. To carry out the development, you can obtain a complying development certificate from the council or a qualified professional in the private sector (an accredited certifier). If your application is successful, the council or certifier will issue a certificate to you subject to conditions. Complying development includes swimming pools and minor additions. Where your development can not fit the pre-set standard conditions or is on land excluded from the complying development regime then you are likely to require Local Development approval
If a proposal could have a significant environmental impact, or it is not common or routine, you will need to lodge a development application with the council. The council will assess the impact of your proposed development on the local area. If your application is successful, the council will give development consent, usually subject to conditions.
State Significant Development
The Minister has declared that certain developments are of state significance. The list includes major industrial sites that generate employment, large waste disposal facilities, and developments that affect important natural environments.
Some proposals not only require development consent from the council or the Minister but also a permit or license from a state government agency. In such cases, the council or the Department (for the Minister) will refer the application to the necessary agency so that there is an integrated assessment of the proposal. If the development is approved, the terms of any additional approvals or licenses will be included in the development consent.
Some types of development require particular scrutiny because of their nature or potential environmental impact. These 'designated developments' are listed in Schedule 3 of the Environmental Planning and Assessment Regulation 2000. Designated development includes industries that have a high potential to pollute, large scale developments and developments that are located near sensitive environmental areas, such as wetlands.
Some development proposals require public exhibition. In the case of residential flats Council has a policy to advise neighbours and place an advert in the local paper seeking public comment about the proposed development. In some cases Council is required by State legislation to advertise proposed development an example might be demolition of a heritage item. Advertised development may need to be included with a Local Development application, it is always included in Integrated, Designated or State Significant development.
The council's local environmental plan lists the types of development that are prohibited in each land zone. If the zoning of a property does not allow the kind of development or activity you want to do, you will not be able to get an approval.