Development Assessment and Wyong LEP 2013 Amendments

With the establishment of the Central Coast Council the planning and development processes will not change significantly. For further information see our ​Planning and Development Fact Sheet.
 

Development Assessment 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.

Additional information about Exempt Development is available on the NSW Planning and Environment website at www.planningportal.nsw.gov.au.
 

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 Building Certification service can be found at www.wyong.nsw.gov.au/wyong-shire-building-certification/.

More information about Exempt Development is available on the NSW Planning and Environment website at www.planningportal.nsw.gov.au.

 

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 www.wyong.nsw.gov.au/about-council/forms. Alternatively, visit Council’s online mapping program at http://mapping.wyong.nsw.gov.au/ 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 www.legislation.nsw.gov.au/ 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 www.wyong.nsw.gov.au/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-Development Meetings

Central Coast Council aims to facilitate development through its Duty Planner service with town planners available without appointment to discuss rudimentary development and zoning matters.
 
For larger scale development and/or constrained sites, Council offers a pre-development meeting service.
 
The pre-development meeting service aims to avoid delays and pitfalls that may be encountered in the development assessment process due to incomplete or noncomplying applications. The pre-development meeting will identify development application submission requirements through consideration of site constraints and policy requirements.  
 
A town planner will conduct the pre-development meeting.  Where detailed advice is required in respect of specific engineering, flooding, ecological, or other matters, and Council’s technical officers will be available to attend the meeting, subject to current rates outlined in Council’s Fees and Changes and also detailed on the Application for Pre-Development Meeting form that can be downloaded from Council’s website.
 
The pre-development meeting is intended to give simple and direct advice which is not be taken as inferring a reasonable expectation as to the outcome of the assessment process.  Following the meeting, Council will provide you with a written summary of the advice and issues discussed at the meeting. 
 
To ensure completeness and avoid delays, a further meeting can be arranged to review the documentation when an application is ready to be lodged with Council.

 

Where are the meetings held? 

Northern area (properties within the former Wyong Local Government Area)
Pre-development meetings are held at Council’s administration building at 2 Hely Street, Wyong.
 
Southern area (properties within the former Gosford Local Government Area)
Pre-development meetings are held at Council’s administration building at 49 Mann Street, Gosford.

 

When are the meetings held?

Pre-development meetings for the Northern and Southern areas are scheduled by arrangement.
Pre-development meetings are generally 1 hour in duration however; longer meetings may be arranged subject to the meeting rates detailed below.

 

What is the cost of the meeting?

Where estimated value is $1,000,000 or less, the base rate is $400 plus minimum $165 per hour (Planner, Engineer, Building Surveyor, Ecologist, Environmental Health Officer, Water & Sewer and/or Other) and/or minimum $250 per hour (Section Manager) and/or minimum $270 per hour (Unit Manager) and/or minimum $330 per hour (Group Leader).
 
Where estimated value is greater than $1,000,000, the base rate is $770 plus minimum $165 per hour (Planner, Engineer, Building Surveyor, Ecologist, Environmental Health Officer, Water & Sewer and/or Other) and/or minimum $250 per hour (Section Manager) and/or minimum $270 per hour (Unit Manager) and/or minimum $330 per hour (Group Leader).
 
Payment must be made prior to the meeting and can be made over the phone or in person at the counter of Council’s administration buildings prior to the meeting.

What do I need to do?To facilitate the pre-development meeting, it is necessary to submit concept plans/sketches, preliminary design layout (floor plan, elevations, height), an outline of your proposal (giving details of all lots) and an agenda with details of all specific matters that you wish to be covered during the meeting.
 
Forward a completed Application for Pre-Development Meeting and all the supporting documentation:
  • Via email to ask@centralcoast.nsw.gov.au
  • Post a hard copy of your application form and proposal details to Council at PO Box 20 Wyong NSW 2259, or to PO Box 21 Gosford NSW 2250.  Also include a USB flash drive (preferred) or a CD or DVD containing all proposal-related documentation in PDF format.
  •  Deliver it in person to one of Council’s administration buildings located at 49 Mann Street, Gosford, or 2 Hely Street, Wyong.Also include a USB flash drive (preferred) or a CD or DVD containing all proposal-related documentation in PDF format.Council will contact you to arrange a meeting time.


Important

Whilst Council may provide you with general information about the town planning process, and that may include referring you to legislation, planning instruments and other planning policies, Council cannot give you advice about how you should, or can, develop your land, and cannot give you an indication whether any development proposal will be granted development consent.  You may wish to seek further advice from an appropriately qualified and experienced professional, such as a town planner or lawyer specialising in planning law.
 
COMMENTS ARE ONLY PROVIDED BY PROFESSIONAL STAFF ATTENDING THE MEETING.
 
AT NO TIME SHOULD COMMENTS OF THE OFFICERS BE TAKEN AS A GUARANTEE OF APPROVAL OF YOUR PROPOSAL.

To schedule a formal pre-development meeting, please download, complete and submit to Council the form which is available at  www.wyong.nsw.gov.au/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: www.wyong.nsw.gov.au/development-application-checklist .


Wyong LEP 2013 Amendment (Link)