Council Approval & Development Applications: Your Guide to Navigating the Process in NSW

Understanding Council Approval & Development Applications

When it comes to property development in New South Wales (NSW), understanding the council approval process is crucial. Whether you’re building a new home, making alterations, subdividing land, or developing a commercial property, securing a Development Application (DA) approval is often a necessary step.

At OwnerDeveloper, we specialise in guiding property developers, homeowners, and investors through the complex approval process to ensure your project meets all regulatory requirements. In this article, we’ll break down what a Development Application is, when you need one, and how to streamline the council approval process.

What is a Development Application (DA)?

A Development Application (DA) is a formal request submitted to your local council for permission to carry out a proposed development. The purpose of a DA is to ensure that all developments comply with local planning laws, zoning regulations, and environmental guidelines.

When is a DA Required?

You will need to submit a Development Application for:

✅ New home construction or major extensions

✅ Dual occupancy & duplex developments

✅ Subdivision of land

✅ Commercial & industrial developments

✅ Granny flats & secondary dwellings

✅ Change of use (e.g., converting a residential property into a café or office)

✅ Heritage-listed building modifications

If your project meets the Exempt Development or Complying Development criteria, you may not need a DA. Let’s explore these options.

Do You Need Council Approval?

Exempt Development (No Approval Needed)

Certain small-scale projects fall under Exempt Development, meaning they do not require council approval if they meet specific guidelines. Examples include:

✔️ Decks, patios, and pergolas under a certain size

✔️ Small garden sheds & carports

✔️ Fences & minor landscaping works

✔️ Internal renovations that don’t affect the structure

Before starting, check the NSW Planning Portal or consult OwnerDeveloper to confirm if your project qualifies for Exempt Development.

Complying Development (Fast-Track Approval)

A Complying Development Certificate (CDC) is a streamlined alternative to a DA for projects that meet pre-determined planning standards. These applications are assessed by private certifiers or councils and can be approved within 28 days.

Projects eligible for Complying Development include:

🏡 New single dwellings (meeting planning regulations)

🏗️ Home extensions & renovations

🏡 Duplex (Subject to council)

🏢 Low-impact commercial developments

🏡 Granny flats & secondary dwellings

If your project does not qualify for Exempt or Complying Development, you will need to lodge a Development Application (DA) with your local council.

The Development Application (DA) Process in NSW

Step 1: Pre-Lodgement Consultation

Before submitting your DA, it's advisable to arrange a Pre-Lodgement Meeting with your local council or a town planner. This can help to:

✔️ Identify potential issues early

✔️ Clarify council zoning regulations

✔️ Minimise delays in the approval process

However, this recommendation depends on the specifics of your project. Pre-lodgement meetings are particularly useful for projects with complexities, such as multi-lot subdivisions with multiple builds or multi-dwelling developments.

Step 2: Preparing Your DA Application

A successful Development Application requires various supporting documents, including:

📄 Completed DA Forms – Available on your local council’s website

📍 Site Plan & Architectural Drawings – Showing the proposed development

🌱 Statement of Environmental Effects (SEE) – Describes how your project meets planning guidelines

🏛️ Heritage Impact Report (if applicable) – Required for heritage-listed properties

💰 Cost Estimate Report – Prepared by a qualified professional

🌳 Bushfire & Flood Assessments (if required) – Ensuring compliance with environmental policies

Step 3: Lodging Your DA with the Council

Your DA must be submitted via the NSW Planning Portal along with the required fees.

💡 Tip: Ensure all documents are accurate and complete to avoid delays. Consult OwnerDeveloper to get a detailed breakdown of what the council may request for your development.

Step 4: Public Notification & Assessment

Once submitted, the council will:

📢 Notify neighbors & the community (for certain developments)

🔍 Assess your proposal against local planning laws

🏗️ Conduct site inspections if required

📝 Request modifications if necessary

This stage can take 4-12 weeks, depending on the complexity of your project.

Step 5: DA Determination

The council will either:

✅ Approve the DA – You’ll receive a Development Consent outlining conditions for construction.

❌ Refuse the DA – You can either amend and resubmit or appeal the decision through the NSW Land and Environment Court.

Step 6: Obtain a Construction Certificate (CC)

Before commencing work, you must obtain a Construction Certificate (CC) from a private certifier or council. This certifies that your plans comply with the Building Code of Australia (BCA) standards. The plans required by the certifier are more detailed and focus on the construction and engineering aspects of the project. 

Step 7: Final Approvals & Occupation Certificate

Upon project completion, an Occupation Certificate (OC) is required before the property can be legally occupied or sold. 

Common Challenges & How to Overcome Them

🔹 Council Delays – Some councils take longer than others to process DAs. To avoid delays, ensure all documents are complete and compliant.

🔹 Zoning & Planning Restrictions – Not all properties can be developed as planned. Conduct a feasibility study before purchasing land.

🔹 Community Objections – Engage with neighbors early to address concerns before lodging your DA.

At OwnerDeveloper, we help you navigate the DA process smoothly, ensuring a higher chance of approval while minimising costly delays.

Why Choose OwnerDeveloper for Your Council Approval & DA Needs?

✅ Expert Guidance – Our experienced team simplifies the council approval process for residential and commercial developments.

✅ Fast-Tracked Approvals – We assist with Complying Development & DA submissions to reduce waiting times.

✅ Comprehensive Planning & Consultation – From feasibility studies to construction approvals, we cover all aspects of property development.

If you need help securing council approval for your Development Application, contact OwnerDeveloper today for a free consultation!

Final Thoughts

Navigating the Development Application and council approval process can be complex, but with the right strategy, you can fast-track approvals and move forward with your development. Whether you’re building a new home, investing in a duplex, or planning a commercial project, getting the right approvals is key to success.

At OwnerDeveloper, we ensure your project meets all NSW planning regulations while maximising development potential. Reach out to our expert team today and start your journey towards a hassle-free council approval!

💡 Looking for ways to develop without going it alone? If navigating council approvals feels overwhelming, teaming up with the right partner could be the answer. Learn how joint venture partnerships can help you share costs, reduce risk, and accelerate the path to DA approval and development success.