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Development Applications

Almost all development requires Council approval. If in any doubt approval should be sought. Failure to obtain approval is an offence and a person can be prosecuted.

There are some minor activities that do not require approval - these are listed in Council's Exempt and Complying Schedules (please put in link to LEP), found in the Blayney Shire Council Local Environmental Plan 1998 (Schedules 6 & 7).

Generally development requires both a Development Consent and a Construction Certificate. Development includes:

Use of land;
Subdivision;
Erection of a building;
The carrying out of work; or
Demolition of a building or work.

Integrated Development

Some development proposals fall within the category of "Integrated Development". The purpose of Integrated Development is to enable the requirements of State Government agencies to be incorporated into Council decisions.

Council must refer developments, which fall within the definition of Integrated Development, to the relevant government agency, eg. RTA, Department of Land and Water Conservation or Heritage Office. The comments of the agency are binding on Council - if the agency objects, the application must be refused - if the agency requests conditions of consent be included in the consent, Council must include those conditions of consent. Council may refuse an application even though the state government agency does not object.

The applicant is required to pay an additional fee of $250.00 per agency for Integrated Development Applications. Council forwards the $250.00 to the Government Agency on behalf of the applicant.

Lodging a Development Application

All development requires the submission of a development application form, information and plans as specified in the application requirements attached to the form. It is recommended that applicants complete the development application checklists prior to submission to ensure all requirements are met. (All of these documents are available in the Development Application Package).

Incomplete applications will not be accepted.

The Assessment Process

The following is a guide to the steps taken in determining an application:

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.

2. Notification and Submissions

The application may require notification, in accordance with Council’s policy regarding public notification and submission.

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.

3. Assessing Officer

When the notification period has finished (and sometimes prior to this date finishing) 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.

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.

Commencement of Work

Prior to the commencement of work applicants must appoint a Principal Certifying Authority-PCA. This can be Council or a private certifier. Council if it is not the PCA must be advised in writing of the PCA and given 2 days notice in writing of intention to start work.

Development Application Form - Published: 08 Feb 2008
Please click on the following link to download a blank copy of a Development Application Form more ..

How long will it take? - Published: 02 Jan 2008
No two development applications are the same that are submitted to Council. All applications are treated on their merits in accordance with the provisions of the Blayney Local Environmental Plan and associated Development Control Plans. more ..

Assessment of your Application - Published: 02 Jan 2008
It is vital to contact the Environmental Services Department at the first opportunity to ascertain and discuss specific requirements for individual proposals. more ..

What is required to lodge a DA - Published: 02 Jan 2008
The following items are required for all Development Applications: more ..

New Building Legislation (Basix) - Published: 14 Dec 2007
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 is a NSW State Government policy commitment to conserve water and reduce the impact of greenhouse gases. more ..


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