Call us on 02 6944 0200

Find Us On...

Development Applications - Detailed information

Development applications (Planning and building) in the Gundagai Shire are governed by The Environmental Planning and Assessment Act 1979, various state planning policies and instruments and the Gundagai Local Environmental Plan 2011.
 

Categories of Development

Approval is required to carry out development in Gundagai Shire, except where expressly exempted by theState Environmental Planning Policy (Exempt and Complying Development Codes) (Codes SEPP). The Environmental Planning and Assessment Act 1979 define development as:

 

  • the use of land;
  • the subdivision of land;
  • the erection of a building;
  • the carrying out of work;
  • demolition; or
  • any other matter controlled by an environmental planning instrument.

 

Other categories of development are:

 

  • Exempt Development: minor development that does not need any approval but must comply with specific standard provisions of Codes SEPP.
  • Complying Development: a subset of local development that has a low environmental impact and that can be certified as complying with predetermined standards of Codes SEPP. Separate complying development procedures provide a faster system for assessing development under a prescribed 10 days period. A Complying Development Certificate may be issued by either Gundagai Shire Council certifier or an accredited certifier.
  • State Significant Development: is a development identified by the State Government as being of State or regional significance. The Minister of Planning is the consent authority.
  • Integrated Development: is a development where separate approvals are required under other Acts, such as The Heritage Act 1977 or The Roads Act 1993. Here, the City of Sydney refers the application to the relevant authority to seek the terms of approval. If approval is granted, such terms of approval will be included in the development consent. Separate approvals will still be needed under the relevant acts, but the confirmation of an approval will be obtained early on in the process. The approval of the relevant authority does not fetter the discretion of Council in determination the application.

 

Development Application - Planning

Development Applications and any subsequent applications for related construction work, such as a Construction Certificate, are assessed under Section 79C(1) of The Act.

Matters considered in the assessment of a Development Application are:

(a) the provisions of:

(i) any environmental planning instrument
(ii) any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority
(iii) any development control plan, and
(iv) any matters prescribed by the regulations, that apply to the land to which the development application relates.

(b) the likely impacts of that development, including environmental impacts on both the natural and built environments and social and economic impacts in the locality

(c) the suitability of the site for the development

(d) any submissions made in accordance with this Act or the regulations

(e) the public interest.

DA Application For Consent


Construction Certificates

A Construction Certificate is needed by an applicant before commencing any building and construction work that has been granted Development Consent, except work where a Complying Development Certificate is in place. 

CC-Application For Construction Certificate 

CC-Notice Of Intention To Commence Work 

Notice Of Appointment Of PCA


Construction Certificate Guide

For more information about obtaining a Construction Certificate, please read the Construction Certificate Application Guide which is available for download below, which is user-friendly and provides everything you need to know about preparing and lodging a Construction Certificate with the Gundagai Shire Council.

A Construction Certificate essentially certifies that:

 

  • the detailed construction plans and specifications for any development are not inconsistent with the Development Consent and comply with the Building Code of Australia
  • all required contributions and charges have been paid
  • all Development Consent conditions have been satisfied.

Application for Construction Certificate Guide

 

In addition to a Construction Certificate, The Act provides for three other types of certificates, known as Part 4A Certificates comprising:

 

  • Compliance Certificate
  • Occupation Certificate
  • Subdivision Certificate (for land subdivision).  Note: This is mentioned under separate heading on our webpage.

 

These certificates may be required at various stages of a development project and some of them will be issued by the Principal Certifying Authority appointed prior to the commencement of approved works.

 

Construction Certificate and Complying Development Certificate - Appointment of Principal Certifying Authority

Building or subdivision works cannot commence until Council is notified of the appointment of a Principal Certifying Authority (PCA).

Either the Gundagai shire Council or a private accredited certifier may be appointed as the PCA to take carriage and responsibility for all requirements under Environmental Planning and Assessment Act subsequent to the issue of a Construction Certificate.  

If Council is the PCA, a certificate will be issued to you to inform you of our acceptance to perform the role and responsibilities of a PCA.

A key role of the PCA will be to oversee the construction phase of a development and certify that a building or work has been inspected and that construction meets all appropriate standards such as the Building Code of Australia (BCA).

The PCA will be responsible for the issue of Compliance and Occupation Certificates, where required.


Prior to Commencement of Works

Council require owner builders and/or building contractors to provide notification of commencement of works to Council 48 hours before any construction activities are to occur on site. This is a requirement of the Section 86 of the Environmental Planning and Assessment Act and Clause 136 of the Environmental Planning and Assessment Regulation.

Council building surveyor will conduct a pre works inspection to ensure that conditions of consent (pre works) are satisfactorily met.

Notification form:  Notice to Council of Intention to Commence Work


For More Information

 Council's Planning, Health and Building on 6944 0200 for assistance

Email: mail@gundagai.nsw.gov.au attention Council's Planning, Health and Building

Further information on The Acts and planning issues can also be obtained from:

Department of Planning
Website: http://www.planning.nsw.gov.au