Insider’s guide to council approvals Part 1 - What to know before you start
It's essential to be informed about the process of obtaining a Development Application (DA) for your home build or renovation project in New South Wales (NSW). While the laws are the same across all council areas, the competency and timeliness of council implementation may vary. To increase your chances of success and have a smoother experience, it's crucial to be aware of the factors that could significantly impact the process. The NSW government provides a comprehensive guide for homeowners that can help you navigate the DA process with confidence. You can find the guide here.
Before DA
Pre-DA Meetings are great if you’re starting out but can be a waste of time.
We don’t do Pre-DA meetings with council - they are predictable, provide general planning info and we have found that the advice provided by the duty planner may later be contradicted by the assessing planner (and there’s not much you can do about it). If you want general planning information then pre-DA’s are great but we don’t think this process is normally a good use of our clients’ resources.
Getting written support from neighbours can greatly improve your chances of obtaining DA approval. If you're on good terms with your neighbours and they support your project, it's helpful to obtain their written support. Although it's ideal to avoid objections from neighbours, it's important to understand that not all neighbours will be in favour of your project. Don't be overly concerned about these objections as they will only be taken into account if they relate to planning law.
If your DA fails to comply with Australian Standards, there is very little you can do. If your DA doesn't meet the Australian Standards, it's unlikely to be approved as the council will simply reject it. That's why it's crucial to make sure that what you're planning complies with the relevant Australian standards, as failure to do this gives council a straightforward mechanism for reusing your DA and there is little you can do about it from there. For example, there is an Australian standard for the minimum size a garage or car space needs to be, and if the plans don't comply, you will never get it through council or LEC.
If your development does not meet planning standards, it does not mean it cannot succeed. You can submit a Clause 4.6 Variation to Development Standards to make arguments for exemptions, but you need to provide justification for this, such as the mitigating circumstances on that particular block of land. At this stage, having an experienced design team, consulting town planner, and heritage consultant can make all the difference.
In conclusion, the process of obtaining a Development Application (DA) for your home build or renovation project in New South Wales (NSW) can be complex and challenging. However, with the right knowledge and resources, you can increase your chances of success and make the experience much smoother.
At Ballast Point we offer comprehensive support and guidance to help you achieve a successful DA. Here is our consultation services which will get you moving in the right direction. If you need further help or support, please feel free to get in touch with us at any time.
Stay tuned for more inside!
