Development Assessment or Rezoning Process

Development Assessment or Rezoning Process
Generally, there are three levels of local development known as Exempt, Complying or Development Requiring Consent.

Exempt Development

Exempt Development is minor development which result in a minor impact on the environment (e.g. fencing, small shed or low height landscape wall). Exempt development must meet the specific standards outlined within State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, commonly referred to as “SEPP”. Most properties are eligible for Exempt Development but those parcels with constraints such as flood hazard or bushfire hazard or other restrictions will not qualify. If a property is not eligible for Exempt Development, the proposed development still may be possible but a Development Application must be lodged for Council to consider the matter.

A property owner can obtain a 149(2) Certificate from Council and this document will identify if a property is eligible for exempt development. The various Exempt Development types are identified within State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Complying Development

Complying Development is development with a moderate impact that may include the internal fit out of a dwelling, commercial or industrial building or the construction of a new dwelling on a single lot. Complying Development must meet all of the rules specified in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, relevant for that development type. As with exempt development, certain properties are not eligible for complying development and in these circumstances a Development Application must be lodged and Council will consider the matter.

Complying Development requires the lodgement of a Complying Development Application. Once lodged, “Complying Development” can receive approval within 7-10 working days. More information about Council’s in-house Private Certifying Authority can be found at: http://www.wyong.nsw.gov.au/building-and-development/-approval-process/wyong-shire-building-certification/ .

Progressing your proposed development

Developing parties should first determine if the proposed development qualifies as Exempt or Complying Development. Consider requesting a copy of a 149(2) Planning Certificate from Council. This document can be ordered from Council upon completion of a “Certificate Application Form” which can be obtained online at http://www.wyong.nsw.gov.au/about-council/forms/. Alternatively, visit Council’s online mapping program at http://mapping.wyong.nsw.gov.au/WSCMapping/mapping.html# to see if the property has restrictions such as flooding or bushfire that might preclude use of Exempt or Complying Development provisions shown in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
 
Development Consent

Development Requiring Consent (commonly referred to as Development Application or “DA Required”) is development that is not Exempt Development or Complying Development. A Development Application must address the key planning instruments including the Wyong Local Environmental Plan 2013 plus the Wyong Development Control Plan 2013.

See http://www.legislation.nsw.gov.au/maintop/view/inforce/epi+572+2008+cd+0+N to view State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Once Council has assessed and determined the Development Application, a document known as “Notice of Determination” will be issued. If the decision is favourable, conditions of consent contained within the Notice of Determination will outline what requirements and steps must be taken to progress the development. For most development, a Construction Certificate will need to be obtained. For more information about the Construction Certificate process and documents, please visit http://www.wyong.nsw.gov.au/building-and-development/development-approval-process/construction-certificate .

Timing

A common question to Council is “How long does the assessment process for a Development Application take?” Each assessment timeframe is dependent upon the complexity of the proposed development, notification requirements, agency referral timeframes and other factors.   

Pre-Lodgement Meeting

For more complex Development Applications, Council does offer an opportunity for a proponent to schedule a formal pre-lodgement meeting where many potential issues can be discussed and resolved before the Development Application is lodged. There is a fee for the formal pre-lodgement meeting but most proponents find the meeting to be beneficial, saving time and money for the developer. To schedule a formal pre-lodgement, please download, complete and submit to Council the form which is available at   http://www.wyong.nsw.gov.au/about-council/forms .

What is required to be submitted when lodging applications?
A Matrix and Development Application Requirement documents is available via the following link outlining the typical documents to be lodged in support of a Development Application: http://www.wyong.nsw.gov.au/building-and-development/development-approval-process/development-application-checklist .

Rezoning
In circumstances where the Wyong Local Environmental Plan 2013 does not allow a particular form of desired development, an application may be made to change the planning controls and/or zoning. In assessing these applications Council will consider a range of local and state policy to determine if the request has merits and if additional reports or justification will be required.

Take a look at the DOC format Planning Proposal Procedure (289.00 KB) for information on how Council processes rezonings.