Making a submission on a development application

Making a submission on a development application

If you choose to make a submission on a development application, Council recommends that you use this standard form doc formatSubmission Form (88.00 KB)

Guide to help
The following points are intended to help you make a submission to Council:
 

  1.  Make sure that your submission is lodged by the closing date for public exhibition of the development application (DA). The closing date will be on either the notification letter you received; is available online; or by phoning Council’s Customer Contact team on (02) 4350 5555.
  2. If you are objecting to the DA, you must provide the reasons why you object. These reasons will be carefully considered by Council in its assessment of the DA.
  3. Group petitions can also be submitted and should follow the same format shown in the standard submission form and must provide reasons for the objection(s).
  4. Do not make any offensive or defamatory comments in a submission.
  5. Section 147 of the Environmental Planning & Assessment Act 1979 (EP&A Act), requires you to disclose reportable political donations and gifts if you are making a relevant public submission to Council. Failure to disclose relevant information is an offence under the EP&A Act. Council is required to make any disclosure made under this section publicly available on its website. Further information about the requirement to disclose any political donations and gifts is outlined in section 147 of the EP&A Act. If disclosure of a political donation or gift is necessary, doc format Political disclosures form (189.50 KB) can be completed and lodged with your submission. Alternatively, you may make your disclosure on your submission.
  6. Council will send you an acknowledgement of your submission, and notify you of the outcome of the DA.  Council may also notify you of an amended DA, or of any public Council meetings which you may wish to attend, at which the DA will be considered.
  7. In accordance with the provisions of the Government Information (Public Access) Act 2009 (GIPA Act), Council will place any submission you make on its website with the exception of your address, email address and telephone contact information and signature. Members of the public are entitled to access and take copies of your submission under the GIPA Act. A copy of your submission may also be reproduced in Council reports or in Court proceedings.
  8. It is voluntary for you to provide your name, address and any other contact information when making a submission to Council. It is important to note however that Council does not consider anonymous submissions.
Applications Involving Significant Public Objection
Some development proposals attract significant interest from the public and Wyong Shire Council has a specific policy outlining which party at Council will decide the matter. The policy delegates the decider based upon the number of submissions received as follows:
 
  • Development Applications with less than 25 submissions and/or petitions totalling less than 50 signatures – Will be determined under the appropriate Group Leader/ Manager/Staff delegations, unless called up by Council.
 
  • Development Applications subject to 25 to 50 submissions; or petitions totalling 50 or more signatures – The Group Leader of Environment and Planning will provide a Councillor/Administrator Business Update outlining the number of submissions and/or petitions received and the issues that were raised.  Councillors or an Administrator may request whether they would like the matter to be reported to an Ordinary Meeting of Council.
 
  • Development Applications with more than 50 submissions (not including petitions) – The Group Leader will report the application to an Ordinary Meeting of Council for consideration, unless:
 
  1. The application is recommended for refusal; or
 
Changes have been made to the proposal, which, in the opinion of the Group Leader of Environment and Planning, have adequately addressed the issues raised during the notification period/s and there was a substantial reduction in the number of submissions (to less than 50) as a result of the re-notification period.