guideline for lodgement of - wingecarribee shire...swimming pool, retaining walls, etc. •...

Wingecarribee Shire Council Name of Document, Version of 66

Guideline for lodgement of Development Applications

Planning Development and Regulatory Services July 2019

Wingecarribee Shire Council Guideline to Lodgement of Development Applications, Version 1.2 of 66

July 2019

Wingecarribee Shire Council

Guideline to Lodgement of Development Applications, Version 1.1

Disclaimer

Whilst every reasonable effort has been made to ensure that this document is correct at the time of printing,

Wingecarribee Shire Council, it’s agents and employees, disclaim any and all liability to any person in

respect of anything or the consequence of anything done or omitted to be done in reliance upon the whole or

any part of this document.

The guide explains the different approval types for development and activities and how to prepare the

relevant applications.

Please note that compliance with this guide does not mean your application/s will be approved.

To enable an accurate and efficient assessment of your application, WSC strongly recommends that you:

1. Consult WSC’s Duty Planner/Accredited Certifier/Development Engineer before lodging an

application to determine your proposal’s specific requirements. WSC staff can advise you on

relevant planning and building controls and provide preliminary advice on your proposal. Please see

General Advice under Stage 1 in this regard.

2. Ensure your application is fully completed and includes the details, plans and documentation

required. Please refer to WSC’s DA checklists for further guidance.

3. Engage the services of qualified consultant to prepare any required documentation. This is

particularly relevant for more complex developments.


Contents Preface .................................................................................................................................................................... 5

Purpose of this guide ...................................................................................................................................................... 5

Types of development covered ....................................................................................................................................... 5

How to use this guide ..................................................................................................................................................... 6

Part 1 Getting Started .............................................................................................................................................. 8

Do I need development consent? ................................................................................................................................... 9

Assessment Pathways ................................................................................................................................................ 9

Why is a DA required? .................................................................................................................................................. 11

The Planning System .................................................................................................................................................... 12

1. Environmental Planning and Assessment Act 1979 (EP&A Act) ...................................................................... 12

2. Environmental Planning Regulation 2000 (EP&A Regulation) ........................................................................ 12

3. Environmental Planning Instruments (EPI’s) ................................................................................................... 13

4. Development Control Plans ............................................................................................................................ 15

Part 2 Development Assessment and Construction Approval Process ..................................................................... 18

Stage 1: Pre-Lodgement ............................................................................................................................................... 19

1. Get Informed ................................................................................................................................................... 19

2. Talk to Council ................................................................................................................................................. 19

3. Get a Site Analysis Plan ................................................................................................................................... 20

4. Use Professional Services ................................................................................................................................ 20

5. Book a Pre-lodgement Meeting with Council ................................................................................................. 22

Stage 2: Lodgement and Initial Administration by Council of your Application ........................................................... 23

1. Application Form ............................................................................................................................................. 23

2. Plans and Supporting Documentations ........................................................................................................... 27

3. Checklists ......................................................................................................................................................... 29

4. Development Application Fees ....................................................................................................................... 29

5. Neighbour Notification and Advertising .......................................................................................................... 29

6. Internal and External Referrals ....................................................................................................................... 30

Stage 3: Assessment ..................................................................................................................................................... 31

Stage 4 Determination ................................................................................................................................................. 32

Development Consent ............................................................................................................................................. 33

DA Refusal ................................................................................................................................................................ 33


Stage 5: Construction Certificate/ Subdivision Works Certificate ................................................................................. 35

During Construction ................................................................................................................................................. 36

Owner-builder .......................................................................................................................................................... 37

Home warranty insurance/Home Building Compensation Fund ............................................................................. 39

Activities under Section 68 Local Government Act 1993 ......................................................................................... 39

Stage 6: Occupation Certificate/Subdivision Certificate ............................................................................................... 40

Glossary ................................................................................................................................................................ 41

Appendix 1: ........................................................................................................................................................... 45

Building Construction Cost Guide ........................................................................................................................... 45

Estimated Cost of Works and Application Fees ............................................................................................................ 45

What do I need to do? ............................................................................................................................................. 46

Appendix 2: ........................................................................................................................................................... 49

Cost Summary Report Template............................................................................................................................. 49

Appendix 3: ........................................................................................................................................................... 53

Naming Convention ............................................................................................................................................... 53

Appendix 4: ........................................................................................................................................................... 54

Application Checklists ............................................................................................................................................ 54


Preface Purpose of this guide

This guide has been prepared by Wingecarribee Shire Council (WSC) to support the NSW

Department of Planning and Environment’s (DPE) ‘Your Guide to the Development Application

Process’ in order to provide assistance in the lodgement of applications for development

proposals in the Wingecarribee Local Government Area.

This guide explains the process and assists you in preparing and lodging a Development

Application (DA) or a Complying Development Certificate (CDC) as well as explaining the next

steps to get you building or subdividing.

Types of development covered

This guide is most relevant to small scale local development including, but not limited to:

• Erection of a new building or structure – including dwellings, garage/carport, shed,

swimming pool, retaining walls, etc.

• Alterations and/or additions to an an existing building.

• Demolition.

• Development relating to a building or place that is a heritage item or that is located within

a heritage conservation area.

• Subdivision.

• Carrying out of earthworks, excavation or filling.

• Change the use of an existing building, premises or land.

• Advertising Signage.

This guide only deals with development/activities that require consent from WSC. It does not

deal with State Significant Development determined by or on behalf of the Minister. It does

briefly describe Exempt Development to make you aware of that option.


How to use this guide

Part 1 provides an overview of the NSW planning system to inform you and allow you to better

participate in the development assessment process.

Part 2 describes the process to obtain development consent, either as part of a DA or CDC. The

process is described in stages. You can work through the guide from start to finish or go straight

to the step that is relevant to you.

Part 1 – Getting started Do I need development consent? There are some forms of development that do not require development consent (Exempt

Development) and others that may be approved via a fast track approval pathway (Complying

Development). This section helps you understand whether you require development consent

and what the required pathway is for your development.

Why is a DA required? You may be questioning why you need to get development consent. This section describes

the development consent process.

The planning system The planning system is a framework of legislation, policy and practice. This section will help

you to understand those elements and their importance.


Part 2 - Development Assessment and Construction Approval Processes Stage 1: Pre-lodgement This section describes actions you can take when you are preparing your DA that will make

the development assessment process easier including understanding your land, engaging

professional services, talking to council and talking to your neighbours.

Stage 2: Lodgement and initial administration by Council of your application This section describes the information that must be included in your DA, and the initial

steps Council takes in its processing (notification, referral and allocation to an assessment

officer).

Stage 3: Assessment This section describes the process Council will follow when undertaking its assessment. It

is important to read through these processes so you can understand what is happening,

when you can expect to hear from Council and how you can participate in the process.

Stage 4: Determination This section explains the possible decisions Council may make about your DA and the

importance of conditions that council might impose on your development consent, if

approved. This section also describes mechanisms that allow you to:

• Modify your development consent;

• Have Council reconsider its decision; or

• Appeal the Council’s decision to the Land and Environment Court.

Stage 5: Construction Certificate/Subdivision Works Certificate Your development consent is an approval for the carrying out of development as proposed

in your DA. You will also need to get a Construction Certificate for any building work, which

considers how your building will be built to ensure it meets Australian Building Standards, is

safe and in accordance with development consent; or a Subdivision Works Certificate for

any subdivision works. You can obtain your Construction Certificate or Subdivision Works

Certificate from Council or an accredited certifier.

Stage 6: Occupation Certificate (Final Inspection)/Subdivision Certificate You must obtain an Occupation Certificate or Subdivision Certificate to certify that you have

met the requirements of your development consent and construction certificate or

Subdivision Works Certificate, and that the building/land is now ready to occupy.


Part 1 Getting Started


Do I need development consent?

The NSW planning system has a risk based approach to development. The type of consent or

approval you require, if any, depends upon the scale and potential impacts of your development

(such as on traffic, noise, privacy and solar access) on adjoining properties. There are three

assessment pathways that may apply to smaller scale residential development: exempt

development; complying development; and local development that requires consent from a

consent authority.

Assessment Pathways

Exempt

Development

Complying

Development

Development

Consent

Level of Approval

No approval

Approval by issue of a

CDC by Council or

private certifier

Council consent

Potential impact

Minimal

environmental/amenity

impact

Predictable


impact

Could be major


impact

Level of Assessment

Must comply with pre-

set standards

Must comply with pre-

set standard Merit assessment


Exempt Development

Exempt development is minor development that will have minimal impact on the site and

surrounding neighbours or locality. It does not require any consent or approval, if it meets

standards set in either State Environmental Planning Policy (Exempt and Complying

Development Codes) 2008 (Codes SEPP) or Wingecarribee Shire Council’s Local

Environmental Plan (WLEP).

Examples of exempt development are:

• Barbecues

• Small decks

• Small Patios

• Fences

Complying Development

Complying Development is a fast track and cost-effective approval process for routine

development, including in some cases one and two storey homes, alterations and additions

and outbuildings. It can be used for development that meets specified predetermined

development standards listed in Council’s WLEP 2010 and the following SEPP’s:

• SEPP (Exempt and Complying Development) Codes 2008 • SEPP (Infrastructure) 2007 • SEPP (Affordable Rental Housing) 2009

Obtaining a complying development certificate is a potential alternative to obtaining

development consent. To check whether you are able to submit a CDC for your

development, apply for a planning certificate from Council

https://www.wsc.nsw.gov.au/application-forms or refer to the NSW Planning Portal

https://www.planningportal.nsw.gov.au/.

Development that requires consent

A DA is an application made to Council seeking approval for a development that requires

consent under the NSW Environmental Planning and Assessment Act 1979 and Council’s

WLEP. It is made to Council and consists of an application form, plans and supporting

documentation.

https://www.wsc.nsw.gov.au/application-forms

https://www.planningportal.nsw.gov.au/


Why is a DA required?

A development consent permits a new building/subdivision that may change our environment,

and may affect our amenity or the amenity of those around us.

A DA is required to:

• Manage change to ensure that developments do not negatively impact the environment.

• Balance public and private interests by ensuring a new development fits the character of

the Wingecarribee area and sits comfortably within the ‘public domain’ (e.g. streetscape).

• Provide an impartial process which allows interested members of the community to raise

issues, to ensure a balanced and considered outcome for all (eg. Neighbour Notification).

• Ensure that the hard infrastructure (e.g. Water/sewer, roads, stormwater drainage, car

parking and power supply) and soft infrastructure (e.g. trees and landscaping) needed for

your development is provided.

• Ensure that your building is structurally safe, protected from fire and has appropriate

access to sunlight and ventilation.


The Planning System

State and local planning legislation and policies set the rules that control what development can

occur on your land. The planning system has a hierarchical structure with the EP&A Act sitting at

the top of the hierarchy, as shown below.

1. Environmental Planning and Assessment Act 1979 (EP&A Act) The EP&A Act sets up the framework for the planning system as follows:

1. How rules affecting development are made; and

2. How development is assessed against those rules.

2. Environmental Planning Regulation 2000 (EP&A Regulation) The EP&A Regulation details certain processes that must be followed by WSC when assessing

a DA. It specifies more detailed matters for consideration and also regulates the fees that can be

charged to receive and assess a DA.

1. Environmental Planning and Assessment Act 1979

2. Environmental Planning and Assessment Regulation 2000

3. Environmental Planning Instruments (EPIs): •State Environmental Planning Policies (SEPPs)

•Local Environmental Plans (LEPs)

4. Development Control Plans


3. Environmental Planning Instruments (EPI’s) EPIs introduce controls and requirements for specific issues and places in your local government

area. There are two types of EPI’s:

1. State Environmental Planning Policies (SEPPs) deal with issues that are of

importance to the whole State. It is important to note that this does not necessarily

mean that each SEPP will be of relevance to your DA.

2. Local Environmental Plans (LEPs) deal specifically with the Local Government Area

they are for. Each Council has their own LEP which does four main things:

• Zones land to specify what development is permissible without consent,

permissible only with consent or prohibited in the zone.

• Identifies whether your house or the area it is situated in has heritage

significance. If you live in a historic home (heritage item) or area (heritage

conservation area), you are looking after a piece of Australia’s history. This

means you may have to take extra design care in planning your changes.

• Identifies special matters for consideration. There may be specific

environmental issues e.g. flooding and environmentally sensitive land that

may affect your site. Such issues should be addressed in any DA by way of

additional reporting, and may limit the extent or location of the development

on the site.

• Identifies the principal development standards. The principal development

standards control the size and form of development. For construction the

relevant standards may include minimum lot size, maximum building height

and maximum floor space ration (FSR).


Variations to Development Standards

Development standards may be varied by Council. You can request a variation under

clause 4.6 of the LEP, however Council will not do this lightly and you must clearly justify

why any change should occur. If the development standards prevent appropriate

development of your site and you believe the impact of your development is reasonable

then you should contact Council to find out if a variation is likely to be supported. For

further information see the Department of Planning’s Varying Development Standards: A

Guide by visiting www.planning.nsw.gov.au/vdsguide .

4. Development Control Plans

While the rules set out in LEPs and SEPPs are statutory, more detailed design and planning

requirements are provided in the applicable Wingecarribee Development Control Plans (DCPs).

A table of all DCP applicable under the WLEP is available on the following page, or

https://www.wsc.nsw.gov.au/development-control-plans-applicable-under-wlep-2010.

Under the DCPs, you will find information in simple language on issues such as:

• Building design, sitting and size

• Access to sunlight

• View sharing

• Landscaping

• Car parking

• Heritage

• Stormwater treatment

• Waste management

• Fences and walls

http://www.planning.nsw.gov.au/vdsguide

https://www.wsc.nsw.gov.au/development-control-plans-applicable-under-wlep-2010


Location DCP

Avoca Rural Lands

Aylmerton Northern Villages

Balaclava Northern Villages

Balmoral Northern Villages

Berrima Berrima Village

Bowral/East Bowral Bowral Town Plan, Industrial Lands

Braemar/Nattai Ponds Northern Villages, Industrial Lands

Bundanoon Bundanoon

Burradoo Bowral Town Plan

Burrawang Burrawang Village

Canyonleigh Rural Lands

Colo Vale Northern Villages

Exeter Exeter Village, Rural Lands, Rural Living

Fitzroy Falls Fitzroy Falls

Glenquarry Rural Lands

High Range Rural Lands, Rural Living

Hill Top Northern Villages

Joadja Rural Lands

Kangaloon Rural Lands

Medway New Berrima & Medway


Location DCP

Mittagong/Renwick Mittagong, Industrial Lands

Moss Vale Moss Vale, Moss Vale Enterprise Corridor, Industrial Lands

New Berrima New Berrima & Medway

Penrose Penrose & Wingello Villages

Robertson Robertson Village

Sutton Forest Sutton Forest

Welby Mittagong

Werai Rural Lands

Wildes Meadow Rural Lands

Willow Vale Northern Villages

Wingello Penrose & Wingello Villages

Yerrinbool Northern Villages


Part 2 Development

Assessment and Construction

Approval Process


Stage 1: Pre-Lodgement

The pre-lodgement stage is the front end of the development assessment process. If you get the

front end right, you are likely to have a simpler DA process. Giving Council an assessment-ready

application with all the required information will not guarantee approval, although it will enable a

more efficient assessment, saving the applicant both time and money in the long run. Council

recommends the following steps in ensuring an assessment ready application.

1. Get Informed

The development potential of your site is determined by its characteristics and the planning

controls that apply to it. The following are ways you can determine the controls that apply to your

site:

• A Planning Certificate lists the planning instruments that apply to your land. If you

have recently purchased the site, a Planning Certificate would have formed part of

the contract of sale. Otherwise, you can purchase one from Council using the

Planning Certificate- Section 10.7 Application Form available from

https://www.wsc.nsw.gov.au/application-forms.

• Download a property report from the NSW planning portal

https://www.planningportal.nsw.gov.au/. The report is free and provides a simple

overview of the key planning controls that apply to your site.

• Visit Wingecarribee Shire Council’s website https://www.wsc.nsw.gov.au/ for general

planning information and to view the Development Control Plan (DCP) relevant to

your site.

2. Talk to Council

Council’s Development Assessment team have a Duty Planner, Duty Accredited Certifier and

Duty Development Engineer available between 8:30am – 4:30pm Monday to Friday to assist

with general enquiries relating to development, such as:

• DCP and WLEP interpretation

• Development standards

• Site constraints

• Heritage status

• Advice on other approvals needed for development

• Building regulations


https://www.planningportal.nsw.gov.au/

https://www.wsc.nsw.gov.au/


You can contact Council’s Duty Officer on 02 4868 0888, [email protected] or by visiting

the Customer Service Counter, located in the Civic Centre, 68 Elizabeth Street, Moss Vale.

3. Get a Site Analysis Plan

When you are planning and designing your project, you should analyse your site and how it

relates to development on adjoining lands and streetscape. This will help you understand its

development possibilities.

A site analysis plan shows the key characteristics of your site and its relationship to adjoining

land. The plan will show information such as: the location of the buildings, the path of the sun,

trees and other key features on both your site and the adjoining sites (including the street); and

considers the relationship to your neighbours in the context of privacy and overshadowing. The

slope of the land, creeks and drainage are key issues that can impact how and where you can

build on your lands.

Your street will have its own character, which is created by the lot size and shape, the form of

buildings; e.g. setbacks, height, and the landscape character. A site analysis will help ensure

that any development you undertake fits within that character.

A site analysis can be carried out by an architect, draftsperson or designer. An example of a site

analysis plan is shown on the next page.

4. Use Professional Services

In preparing your application and supporting documentation, you may require the services of

industry professionals such as an architect, draftsperson, town planning consultant, plus a

number of other specialists, depending on the complexity of your development and design.

Council strongly recommends you engage the service of technical professionals to help you in

preparing your application to ensure accuracy and enable a smooth and efficient assessment.

Keep in mind, too, that as you move into construction you will need a Principal Certifying

Authority (Council or private), a licensed principal contractor (Builder) and associated sub-

contractors. More information regarding certification can be found via http://bpb.nsw.gov.au/

mailto:[email protected]

http://bpb.nsw.gov.au/


Figure: Site Analysis Plan


5. Book a Pre-lodgement Meeting with Council

A pre-lodgement meeting is a formal process that allows applicants to speak to Council’s

assessment staff prior to submitting a DA. It is a user-pay service for potential applicants, offered

by assessment staff, to ensure applicants are aware of relevant standards, codes and policies

against which their application will be assessed. It is recommended that a pre-lodgement

meeting occur for complex development proposals, especially those relating to multi-dwelling

development, commercial use or substantial development. To get the most out of your pre-

lodgement meeting, it is recommended that as a prospective applicant you supply to Council as

much information as possible about your intended development prior to the meeting to ensure

the appropriate officers are available to discuss your proposal. Input from Council staff during

these meetings can deliver better outcomes and a more efficient assessment process.

The discussion held will be documented, a copy of which will be made available to the applicant

to refer to in preparing their application. Should the application go ahead, Council staff is obliged

to refer to the pre-lodgement meeting documentation as part of the assessment process.

Therefore, a pre-lodgement meeting represents a valuable investment opportunity. You can

book a pre-lodgement meeting using Councils Development Enquiry Form available from

https://www.wsc.nsw.gov.au/application-forms. Further information about Pre-lodgement

meetings can be obtained from Council’s Duty Officers on (02) 4868 0888.





Stage 2: Lodgement and Initial Administration by Council of your Application

Once you have prepared your application and supporting documentation, you can lodge your

application via mail, email or in person:


PO Box 141, Moss Vale NSW 2577

[email protected]

Customer Service Counter, The Civic Centre, 68 Elizabeth Street, Moss Vale

Lodgement is the formal start of the DA process. Prior to accepting the application, Council’s

Customer Service and Assessment Team will review the application and information provided for

suitability, and ensure all information requirements are met prior to acceptance and registration

of your application into Council’s corporate system. The EP&A Regulation sets out timeframes

and procedures that must be followed by a consent authority in assessing a DA. If the

information you provide is adequate the ‘clock’ that measures the time council has to assess

your application will start. If the information is inadequate, the application will either be rejected

or the clock will stop until the required information is provided. It is your responsibility as the

applicant to provide all the required information and to make sure your DA provides enough

detail to enable Council to make a decision.

The below steps are designed to assist you in completing Council’s application forms and

preparing your application for lodgement, including obtaining a quotation of development fees.

Fees are set out in Council’s adopted Fees & Charges Schedule and must be paid at time of

lodgement. Fees are based on the estimated cost of the development (or the number of

additional lots in a subdivision) that you must provide, so it is important that all estimates are

accurate. Please note that failure to supply required information or associated development fees

at time of lodgement may result in Council rejecting your application.

1. Application Form

You must supply an Application for Development Approval Form with your application, which is

available from Council’s website https://www.wsc.nsw.gov.au/application-forms.

As part of your proposed development, you may require other types of approvals from Council

such as a Construction Certificate, Approval for Activities under Section 68 of the Local




Government Act 1993 (e.g. connection to sewer, water & stormwater) or Consent for Works in the

Road Reserve under Section 138 of the Roads Act 1993 (e.g. driveway). Each type of approval

sought will require a separate application form to be completed. In some instances, you may apply

for two types of approvals concurrently. Speak to your professional consultants or Council staff

about what approvals you may require as part of your development.

The below information explains how to complete Councils current Application for Development

Approval form:

• Section 1- Applicant Details

All communication from Council regarding the application will be with the applicant so it is

important to nominate a principal contact person and supply contact details.

• Section 2 – Subject Land

You must supply the legal description (lot and DP) and address of the land your

development is to occur on. This can be obtained via the rates notice for the property or by

contacting Council.

• Section 3 – Proposed Development

This section of the form captures an overview of the proposed development including the

type of development, total value of works and a description of the development.

Firstly, please tick the box of the applicable development. Local development is the most

common type of development, with development ranging from home extensions to commercial,

retail and industrial developments/subdivision. A development is considered local development

if a Local Environmental Plan (LEP) or SEPP states that development consent is required before

the development can take place.

Development may also be classed as an Integrated Development. Integrated Development is

defined by the EP&A Act as development which needs a Development Consent and one or more

additional approvals under other Acts. The type of approval needed, and the agency it is needed

from, varies. It is the applicant’s responsibility to determine which approvals are needed.

Development that involves or relates to any matter such as bushfire prone lands, heritage, roads,

pollution, river and lakes, using water, aboriginal relics and places may be ‘Integrated

Development’.

Applications for Integrated Development will be referred to the relevant agency by Council to obtain

their “general terms of approval”. These requirements will then be incorporated in the conditions of

any development consent issued by Council. Examples of relevant agencies and the applicable


Acts are outlined on the following page. If the relevant agency doesn’t issue general terms of

approval, then the application will be refused.

A development that is likely to have significant impact on the environment may be classed as a

“Designated Development”. Designated Development includes industries that have a high

potential to pollute, large scale developments and developments that are located near sensitive

environmental areas.A list of designated developments is provided in Schedule 3 of the

Environmental Planning and Assessment Regulation 2000.

Applications for Designated Development are rare and are determined by the Joint Regional

Planning Panel.

The total value of works is a combination of the commercial value of labour and materials for the

development. You may also need to supply a cost summary report as part of your application.

The description of the development should correspond to a definition under the Wingecarribee

Local Environmental Plan 2010. A common description of what you are proposing is not

acceptable. Whilst it is your responsibility to accurately characterise and define your proposed

development, Council’s Duty Officers are available to assist where there may be some confusion.

Lastly, please indicate if you have received any pre-application advice from Council, either by way

of a pre-lodgement meeting or through Duty Officer advice. Council encourages you to come and

obtain advice from us before lodging your application.


Agency Act

Subsidence Advisory NSW Coal Mine Subsidence Compensation Act 2017

Department of Primary Industries - Fisheries Fisheries Management Act 1994

Office of Environment and Heritage Heritage Council of NSW

Heritage Act 1977

NSW Resources & Energy Mining Act 1992

Environment Protection Authority Protection of the Environment Operations Act 1997

Department of Industry – Water Water NSW

Water Management Act 2000

Roads and Maritime Services Roads Act 1993

Rural Fire Service Rural Fires Act 1997

• Section 4 - Integrated Development

This section is to be completed if your application is Integrated Development, as outlined in

the terms above. If you are unsure if your application should be integrated, please seek

advice from Councils Duty Town Planner. Please note that Integrated Development

Applications require additional information and fees.

• Section 5 - Subdivision

This section only relates to subdivision applications. If your proposal relates to a proposed

subdivision, just need to indicate the type of subdivision (Torrens, Community or Strata)

and the number of existing and proposed lots in the subdivision (and whether there are any

new roads to be constructed).

• Section 6 - Political Donations and Disclosure

Any persons with a financial interest in the application are required to disclose all reportable

political donations and gifts made within the previous 2 years when making an application

to the Council. A disclosure must also be made of any reportable political donations or gifts

made during the period the application is being considered prior to it being determined.

These include:


i. All reportable political donations made to any local councillor of the council;

and

ii. All gifts made to any local councillor or employee of that council. A

reportable political donation made to a local councillor of any local council

includes any donation made at the time the person was a candidate for

election to the council.

• Section 7 - Probity

Complete this section to confirm if you are a Council staff member or Councillor or a family

member of a Council staff member or Councillor.

• Section 8 - Owners Details and Declaration

Council will not accept your development application without the full consent of ALL

registered landowners.

If works are being carried out in a Strata complex, the Strata Title body corporate will need

. Prior to carrying out works in a Strata complex it is encouraged to grant owners’ consent

that you discuss your proposal with the Strata complex. If the Strata Title body corporate

owner’s consent is required the application must be signed by an authorised person under

the common seal of the body corporate.

If the owner is a company; either the signature of an authorised person identifying their

office held, signed under the company seal, or if no company seal; two directors’ signatures

and their office held, one director and a company secretary and their office held, or in the

case of a proprietary company that has a sole director who is also the company secretary –

that director’s signature and office held.

2. Plans and Supporting Documentations

• Plans

The actual plans required for your proposal will depend on the type of development

proposed and are listed on the Development Application Lodgement Checklist.

Council requires two (2) sets of all plans in hard copy and one set in electronic format. This

can be done by supplying the plans on a USB or a disc. If you are emailing in your

application, please be aware that a printing fee as per Council’s adopted Fees & Charges

Schedule may apply. Each set of plans is to be saved as a separate PDF and be no bigger

than 20MB. Each set of plans is to be titled in accordance with Council’s Naming

Convention appended to this Guide (Appendix 3).


Please note that failure to supply either a printed or electronic copy may result in additional

fees.

• Statement of Environmental Effects

Schedule 1 of the EP&A Regulation states that a Development Application must be

accompanied by a Statement of Environmental Effects (SOEE) except in the case of

Designated Development (where an EIS is required). A SOEE is not required for CDCs.

A SOEE is a detailed report outlining the likely environmental impacts of the development

and the proposed measures to be taken to lessen this impact. The SOEE must address all

the issues that are applicable to your proposal. The amount of information required will

depend on the type and scale of your application and may include:

• A description of the site and surrounding locality

• Present and previous uses of the site

• Existing structures on the land

• A detailed description of the proposal

• Operational and management details

• Assessment of the provisions of any applicable SEPPs, and the LEP (including the

zoning of the land and any non-compliances)

• Assessment of the provisions of any draft SEPPs or LEPs (that are or have been

placed on public exhibition)

• Assessment of the provisions of any applicable DCPs (including documenting any

non-compliances)

• The likely impacts of the development (including environmental impacts on both

the natural and built environments, and social economic impacts in the locality);

• The suitability of the site for the development

• The public interest.

Your SOEE should clearly demonstrate that in designing your proposal, you have fully

considered the site constraints and the applicable legislative provisions. WSC will not

accept your Development Application without an adequate and legible SOEE. A SOEE that

does not include the required information may cause delays in the processing of your

application. It is recommended that you engage the services of a qualified town planning

consultant to prepare the SOEE on your behalf.

Council requires the SOEE to be submitted in hard copy and in electronic format. This can

be done by supplying the SOEE on a USB or a disc. The SOEE is to be saved as a

separate PDF and be no bigger than 20MB. When SOEEs exceed this size they are to be

saved in parts and labelled accordingly.


• Associated Documentation

The associated documents required for your proposal will depend on the type of

development proposed, the constraints of the site and the complexity of the DA. The

particular types of associated documents are listed on the relevant DA Checklist.

Council requires all associated documents to be submitted in hard copy and electronic

formats. This can be done by supplying the documents on the same USB or disc as plans

and SOEE. Each associated document is to be saved as a separate PDF and be no bigger

than 20MB. Each associated document is to be titled in accordance with WSC's Naming

Convention appended to this Guide (Appendix 3).

3. Checklists

The Development Application Checklists outline the specific requirements for your

development and form part of your development application. You must ensure that you

complete all sections of the checklist. This will ensure you have all the plans and supporting

documents needed to lodge your DA.

All CDCs must be accompanied by a completed Complying Development Certificate Form.

Council’s Complying Development Certificate Form outlines the information that needs to

accompany an application for a CDC. You must ensure that you provide all the information

outlined on the form. This will ensure you have all the plans and supporting documents

needed to lodge your CDC.

The Development Application Form, Checklists and Complying Development Certificate

Form are available on Council's website https://www.wsc.nsw.gov.au/application-forms or

from Councils Customer Service Counter located in the Civic Centre, 68 Elizabeth Street,

Moss Vale.

4. Development Application Fees

You must pay development application fees upon lodgement of your application. The fees

are calculated on the capital investment value, or number of lots, of your development

proposal. You can obtain a development fee quotation by contacting Customer Service on

(02)48680888, [email protected] or by coming into the Customer Service Counter

located at the Civic Centre, 68 Elizabeth Street Moss Vale.

5. Neighbour Notification and Advertising

Once your DA is lodged and checked, formal neighbour notification may occur in

accordance with Council’s Notification of Development Proposals Policy,

https://www.wsc.nsw.gov.au/policies whereby your plans and application is made available



https://www.wsc.nsw.gov.au/policies


to view online and in person at the Customer Service Counter for the purpose of review and

comment.

Neighbour notification is a key element in the DA process. Raising issues can be a positive,

value adding exercise as all stakeholders work together for a mutually beneficial outcome.

6. Internal and External Referrals

Council has internal experts who will comment on different environmental issues pertaining

to your application, which will be handled via an internal referral.

External referral may occur to some government agencies that have special roles to

provide comment or concurrence within their areas of authority. Some examples include

consultation with NSW Rural Fire Service if your property is bushfire prone land or The

Office of Environment and Heritage if your proposal is near or affects a State Heritage Item.


Stage 3: Assessment

All DA’s are assessed by Council. The six matters that Council must consider (under section

4.15 of the EP&A Act) are:

1. Applicable plans and policies – SEPPs, LEPs and DCPs – as outlined in Part 1 of this

guide.

2. Impacts of your proposal on the natural and built environment, and the social and

economic impacts on the locality.

3. Suitability of your site for your proposal, e.g. physical characteristics, availability of access

and services.

4. Any submissions such as those from neighbours or other groups.

5. Any comments or agreements/approvals from any Government Agency.

6. The broader public interest.

An assessment officer will be assigned to your DA and will be your main point of contact for the

assessment of your application. It is important to note that your assessment officer will be


handling multiple applications at once and frequent calling will slow them down, therefore it is

recommended that you wait for your assessment officer to contact you in the first instance. If

there is a significant issue or need for clarification, your assessment officer will contact you.

Determination timeframes vary depending on the complexity of your application, however it is

expected that a determination will be reached within 40 days or less. Also, if you have engaged

someone else to be an applicant on your behalf, such as a builder or architect, then Council’s

communication will be with that person nominated as the principal contact.

If you follow the appropriate steps outlined in Stage 1 – Pre lodgement, then the assessment

officer will most likely have all the information required to make a decision about your application

in a timely way. However, it may be necessary for the assessment officer to contact you or your

nominated applicant to request clarification or additional information. It is helpful if you can

respond quickly and get your team of consultants to talk directly with Council when needed.

DA Tracker

You can keep track of your application via Council’s online DA Tracker, available at

https://www.wsc.nsw.gov.au/da-tracker

Stage 4 Determination

There are three possible outcomes for a DA:

1. Development Consent: Granted,

with conditions

2. Refusal: With reasons

3. Deferred Commencement: That is, a consent is not operational

until one or more matters are resolved.

https://www.wsc.nsw.gov.au/da-tracker


Development Consent

Your development consent is an important legal document. The consent will last for five years

unless another period is specified by council or physical commencement has occurred, in which

case it will not lapse. You must build or subdivide according to the conditions to avoid possible

penalties or having to take costly rectification measures. As an owner, you should carefully read

and discuss these conditions with your certification and building team, as the consent may modify

the proposal you submitted. Some conditions are mandatory and must be applied on all

development consents, e.g. your house must meet the National Construction Code. Consent will

also often include conditions about what other approvals may be required prior to work

commencing, such as approval under Section 68 of the Local Government Act 1993 for water,

sewer and stormwater connections. Some standard conditions to bring to your attention, or that of

your team, include:

• Erection of signs on-site with contact details for the Principal Certifying Authority (PCA) and

principal contractor.

• Ensure that operation on the site do not adversely impact on your neighbours, e.g. hours of

work, waste management and controlling of run off and erosion.

• Payment of any bonds to be paid.

• Payment of developer contributions, where applicable.

DA Refusal

If your DA is refused or granted with conditions you are unsatisfied with, you have three options, all

of which will require some time and additional cost:

• Request a Review of Determination. A request for review under Section 8.2 of the EP&A

Act must be lodged with Council and determined within six months of the decision, so you

will need to allow enough time for this to occur if pursuing this option. There will also be

associated fees required to be paid upon lodgement. A fee quote estimate can be obtained

from Customer Service by calling 48680888 or emailing [email protected] and an

application form is available from https://www.wsc.nsw.gov.au/application-forms or from the

Customer Service Counter in the Civic Centre, 68 Elizabeth Street Moss Vale.

• Commence an appeal to the Land and Environment Court. An appeal can be made

under Section 8.7 of the EP&A Act to the Land and Environment Court. You have six

months to lodge an appeal from the date of the determination. The court hears from you or

your representative, council, relevant experts and potentially the community, and

determines whether the DA should be approved and what conditions should apply. The




appeal process can be lengthy and costly, particularly if a matter is not resolved through

mediation before going to a hearing.

• Modify and re-lodge your application (if Approved with unacceptable conditions). You can make changes to your approved plans or conditions via a modification of consent,

under Section 4.55 of the EP&A Act. This option may be needed if you change your mind

on a particular aspects of your development. The development you seek to modify must

remain substantially the same as the development the original consent was granted for. If

the application varies too much from the original consent a new DA must be lodged instead.

There are three main types of modification that can be applied, under separate parts of the

EP&A Act, described on the following page. A fee quote estimate can be obtained from

Customer Service by calling 48680888 or emailing [email protected] and an

application form is available from https://www.wsc.nsw.gov.au/application-forms or from the

Customer Service Counter in the Civic Centre, 68 Elizabeth Street Moss Vale.

Section Modification Description

4.55 (1) This type of modification is used to correct minor errors, mis-descriptions or

miscalculations contained in the consent notice and do not include any

physical alterations to the development.

4.55 (1A)

This type of modification is used for minor variations, which will have

minimal environmental impact, to either the physical appearance of the

building or conditions which were accurately imposed. Examples of this

might include:

• Modification to internal floor layouts/levels of buildings • Modification to external colours or materials of buildings • Changes to hours of operations

4.55(2) This type of modification is used for all other types of variations. The

modification needs to ensure that it remains substantially the same as what

was approved.




Stage 5: Construction Certificate/ Subdivision Works Certificate

Before you can start work on your development, after receiving Development Consent, you must

do the following four things:

1. Get a Construction Certificate/Subdivision Works Certificate

A Construction Certificate (CC) for building or a Subdivision Works Certificate for subdivision can

be obtained either from Council or a private certifier. A CC includes your detailed building

plans/engineering details and specifications. The plans will most likely contain a lot more

information than your approved DA plans so as to allow your builder/contractor to work directly

from them. CCs enable the certification of buildings while Subdivision Works Certificates certify

civil engineering works (i.e. road and stormwater infrastructure) associated with subdivisions. In

order to obtain either Certificate you may be required to first provide additional reports and pay

bonds or development contributions to the Council. These details will be covered in the

conditions of your development consent.

2. Appoint a Principal Certifying Authority (PCA)

A PCA can either be an accredited certifier from Council or a private accredited certifier, and must

be appointed by the person having the benefit of the development consent, i.e. the owner, not the

builder. If Council is appointed the PCA, Council becomes the building inspector/subdivision

engineer and must carry out all the roles of the PCA. In NSW, certifiers are accredited by the

Building Professionals Board (BPB). The accreditation scheme sets the criteria for an accredited

certifier and establishes a code of conduct and annual program for continuing professional

development. A PCA’s role is to:

• Ensure compliance with the development consent conditions and the construction

certificate or the complying development certificate.

• Ensure compliance with the National Construction Code.

• Carry out all the required critical stage inspections associated with the building works.

• Issue the Occupation Certificate or Subdivision Certificate when all works are completed

and satisfied that the building is suitable for occupation or use, and all works associated

with the subdivision are completed.

When a private certifier is appointed as the PCA they take responsibility for the development site

and are required to fulfil all the roles of the PCA. Council is not the regulator of private certifiers.

Any complaints about the conduct and actions of a private certifier must be directed to the BPB.


More information on lodging a complaint about a private certifier can be found on the Building

Professionals Board’s website http://bpb.nsw.gov.au or by calling on 02 8522 7800.

3. Give the Council and the PCA two days’ notice before work begins.

A PCA must be appointed prior to the commencement of any building work in accordance with a

complying development certificate or a development consent and construction certificate

4. Complete any works listed in the ‘Prior to commencing work’ part of the consent.

During Construction

As an owner, your role is to work with the PCA and builder to manage the site and organise

inspections. Missing an inspection can lead to delays or prevent the issue of the Occupation or

Subdivision Certificate, so it is important to book your inspections as soon as practicable. If Council

is acting as your PCA, you can book an inspection through the MyInspect hotline on 1300 842 361

for the following business day (must be prior to 3pm.) Keeping a close eye on the work and being

sure it is consistent with the development consent and any conditions attached is very important.

An order can be issued by Council to stop work and fix any errors, and may even lead to the issue

of a Penalty Infringement Notice. The EP&A Act specifies enforcement measures that can be

applied if a development is not built in accordance with its consent. You should also keep your

neighbours informed and report any complaints to the builder and the PCA.

http://bpb.nsw.gov.au/


Choosing a Certifier

As an owner, you have the choice as to whom issues your Construction Certificate, Complying

Development Certificate or Subdivision Works Certificate. The Certifying Authority can either be

Council or an Accredited Certifier. The NSW Building Professionals Board BPB accredits all

certifiers that are not employed by Council, and provides information on their website about the

process www.bpb.nsw.gov.au.

Owner-builder

Owner-builder work is any work, including supervision and coordination of the construction,

alterations, repairs or additions to a property:

• Where the reasonable market cost (including labour and materials) exceeds

$10,000, and

• Which relates to a single dwelling house, dual occupancy or a secondary dwelling

that:

o Requires development consent under Part 4 of the Environmental Planning

and Assessment Act 1979, or

o Is a complying development within the meaning of that Act.

Note: an owner-builder permit will only be issued for a dual occupancy development in cases of

special circumstances.

An owner-builder permit is for people who have the skill or capacity to build their own house or

supervise construction work. While an owner-builder permit is not a builder’s licence, as an owner-

builder, you are responsible for the building work in the same way a fully licensed builder would be.

http://www.bpb.nsw.gov.au/


As an owner-builder, you are responsible for:

• Overseeing and supervising all tradespeople.

• Ordering materials and managing the building site.

• Obtaining all necessary approvals.

• Ensuring that the financial, taxation and insurance requirements of the building work

are met and fully comply with all laws.

• Being aware of your obligations under the Workers Compensation Act 1987 and the

Work Health and Safety Act 2011 to provide a safe work environment that complies

with SafeWork NSW requirements. Significant penalties may apply if you don’t meet

this obligation. Councils “dealing with hazardous materials” page has more

information on some possible risks, such as asbestos and lead.

• Ensuring any contractor engaged is appropriately licensed and insured to do the

work contracted for.

• Warranting that the materials and work will be fit for the purpose and result in a

dwelling that can be occupied.

To be eligible for an owner-builder permit, the development approval must be in respect of a single

dwelling-house or a secondary dwelling. In special circumstances dual occupancies may be

approved.

An owner-builder permit cannot be issued for:

• Renovations to an existing apartment/unit/flat/townhouse within a strata complex.

• Property not for residential purposes.

To get an owner-builder permit, you must lodge an owner-builder permit application either:

• Online using the NSW Department of Fair Trading’s online application form and

process.

• In person at a Service NSW centre. To find out if you’re eligible and to download

the relevant owner-builder forms, use the Owner-builder self-assessment tool before

going to the service centre.


Home warranty insurance/Home Building Compensation Fund

If the estimated development cost exceeds $20,000 (including material supplied by the contractor)

each licensed contractor (builder or tradesperson) who contracts directly with an owner-builder to

do residential building work must provide insurance under the Home Building Compensation Fund

(previously called Home Warranty Insurance) from an approved insurance provider.

As an owner-builder, you should receive a copy of the certificate of insurance before:

• Work starts.

• You pay any money to a contractor.

Activities under Section 68 Local Government Act 1993

Certain activities may also require approval under the Local Government Act (LG Act) 1993. The

most common activity approvals are:

• Water, sewer and stormwater connections.

• Installation and operation of an onsite sewage management system.

• Operate a caravan park, camping ground or manufactured home estate.

• Install a domestic oil or solid fuel heating compliance.

Under Section 4.12 of the Environmental Planning and Assessment Act 1979 (EP&A Act) a

person can apply to Council for both a development consent and an approval under the LG Act

concurrently, although separate application forms, and applicable fees, will be required. A fee

quote estimate can be obtained from Customer Service by calling 48680888 or emailing

[email protected] and an application form is available from

https://www.wsc.nsw.gov.au/application-forms or from the Customer Service Counter in the Civic

Centre, 68 Elizabeth Street Moss Vale.




Stage 6: Occupation Certificate/Subdivision Certificate

The Occupation Certificate (OC) authorises the occupation and use of a new building or building

section. The Subdivision Certificate authorises the registration of a plan of subdivision under Part

23 of the Conveyancing Act 1919.

The issue of the final OC is the last step in the formal DA and construction process (though there

could be ongoing ‘operational’ conditions such as maintaining appropriate noise levels or

landscape maintenance). In issuing an OC, the PCA must be satisfied that the development meets

various regulatory standards, including:

• A development consent is in force.

• A construction certificate has been issued.

• The design and construction of the building is consistent with the development consent and

construction certificate, in accordance with Stamped Plans.

• Any pre-conditions set out in the consent or requirements of planning agreements have

been satisfied.

• That the building is suitable for occupation in accordance with its BCA classification.


Glossary

List of abbreviations used:

BC Act Biodiversity Conservation Act 2016

BC Regulation Biodiversity Conservation Regulation 2017

BCA Building Code of Australia

BPB NSW Building Professionals Board

CC Construction Certificate

CDC Complying Development Certificate

DA Development Application

DCP Development Control Plan

EP & A Act Environmental Planning and Assessment Act 1979

EP & A Regulation Environmental Planning and Assessment Regulation 2000

EPI Environmental Planning Instrument

LEP Wingecarribee Local Environmental Plan 2010

LGA Wingecarribee Local Government Area

NCC National Construction Code

OC Occupation Certificate

OEH NSW Office of Environment & Heritage

PCA Principal Certifying Authority

SC Subdivision Certificate

SWC Subdivision Works Certificate

SOEE Statement of Environmental Effects

SEPP State Environmental Planning Policy

WSC Wingecarribee Shire Council


Accredited Certifier means the holder of a certificate of accreditation as an accredited certifier

under the Building Professionals Act 2005. Also referred to as a ‘Certifying Authority’.

Appeal is the right of a person to challenge a decision in court, for example, a decision by a

council to refuse a DA, or impose a particular condition of consent.

Building Code of Australia (BCA) means the document of that name published on behalf of the

Australian Building Codes Board in October 1996, together with:

• Such amendments made by the Board, and

• Such variations approved by the Board in relation to NSW, as are prescribed by the

regulations.

Building work means any physical activity involved in the erection of a building.

Complying Development is routine development that an EPI provides can be approved by

meeting specified predetermined development standards.

Complying Development Certificate (CDC) is a certificate that states that particular proposed

development is complying development and (if carried out as specified in the certificate) will

comply with all development standards applicable to the development and with other requirements

prescribed by the regulations concerning the issue of a complying development certificate and, in

the case of development involving the erection of a building, that identifies the classification of the

building in accordance with the Building Code of Australia.

Consent Authority, in relation to a DA (or an application for a Complying Development

Certificate), means:

• The council having the function to determine the application, or

• If a provision of the EP&A Act, the regulations or an EPI specifies a Minister, the Greater

Sydney Commission, the Planning Assessment Commission, a joint regional planning

panel, local planning panel, or public authority (other than a council) as having the function

to determine the application – that Minister or the Greater Sydney Commission, Planning

Assessment Commission, panel or authority, as the case requires.

Construction Certificate (CC) is a certificate to the effect that work completed in accordance with

specified plans and specifications will comply with the requirements of the Act and Regulations.

Development Application (DA) means an application for consent under Part 4 of the EP&A Act to

carry out development. It is usually made to the local council. It consists of standard forms, detailed

plan drawings and a number of detailed documents (called ‘submission requirements’).


Development consent means consent under Part 4 of the EP&A Act to carry out development

and includes, unless expressly excluded, a Complying Development Certificate.

Development Control Plan (DCP) is a detailed guideline that illustrates the controls that apply to

a particular type of development or in a particular area and is made under the EP&A Act.

Dwelling means a room or suite of rooms occupied or used, or constructed or adapted so as to be

capable of being occupied or used as a separate domicile.

Environmental Planning Instruments (EPIs) means an LEP or SEPP made under Part 3 of the

EP&A Act. They contain the controls that apply in relation to the development of an area/site.

Exempt Development is classified in an EPI as development that may be carried out without the

need for development consent because it will have minimal environmental impact, so long as any

requirements of the EPI are satisfied.

Local Environmental Plan (LEP) is a form of EPI made under the EP&A Act. It is the principal

legal document for controlling development at the council level. LEPs contain zoning provisions

that establish permissibility of uses and specify standards that regulate development. They are

prepared by councils and approved by the Minister.

Occupation Certificate (OC), issued by the Principal Certifying Authority, is a certificate that

authorises the occupation and use of a new building, or a change of building use for an existing

building. It is a post-construction check on whether necessary approvals and certificates are in

place for the development and the building is suitable for occupation or use in accordance with its

BCA classification. In some instances, “Occupation” refers to a Final Certificate eg. for a shed or

deck.

Principal development standards are those standards that are so important that they are

included in the LEP e.g. building height, floor space ratio.

Public Domain refers to public land adjoining or in the vicinity of a site. For instance, streets,

footpaths and public reserves.

Secondary dwelling means a self-contained dwelling that:

• Is established in conjunction with another dwelling (the principal dwelling), and

• Is on the same lot of land as the principal dwelling, and

• Is located within, or is attached to, or is separate from, the principal dwelling.

Site Analysis is a bird’s eye view plan showing where the sun is, and identifying trees and other

key features on-site and adjoining sites (including the street).

Solar access means the availability of sunshine to a property.


State Environmental Planning Policies (SEPPs) are a form of EPI made under the EP&A Act by

the Governor to make provision with respect to any matter that, in the opinion of the Minister, is of

State or regional environmental planning significance.

Statement of Environmental Effects (SOEE) is a formal report prepared for the applicant in

support of their DA, addressing the council controls and the merits of the proposal.

Streetscape refers to the view from the public domain, usually the street (and possibly a laneway

or public reserve).

Subdivision Certificate is a certificate that authorises the registration of a plan of subdivision

under Part 23 of the Conveyancing Act 1919.

Subdivision Works Certificate is a certificate to the effect that subdivision work completed in

accordance with specified plans and specifications will comply with the requirements of the

regulations.

Zoning is the system of categorising land uses as prohibited, requiring consent or not requiring

consent within particular areas. Zones (such as Residential or Commercial) are shown in map form

and their objects and permissible uses are set out in the Local Environmental Plan (WLEP 2010).


Appendix 1:

Building Construction Cost Guide This guide applies to estimate cost of works for the following applications:

• Development Applications (DAs)

• Construction Certificates (CCs)

• Complying Development Certificates (CDCs)

Note: this guide is not relevant to subdivision works.

Estimated Cost of Works and Application Fees

The Environmental Planning and Assessment Regulation 2000 specifies that application fees for

Development Applications are to be calculated on the 'estimated cost' of works for a development

and other characteristics of the development. WSC also bases its fees for CC's and CDC's on the

cost of works for a development.

Planning Circular PS13-002, issued by the NSW Department of Planning & Environment, provides

additional information regarding the estimated cost of works.

The cost of a development is not only the costs involved in the construction of building/s, but the

costs associated with the entire development proposal, including all ancillary work. A genuine

estimate of the cost of works of a development includes:

• The demolition cost of a building/works.

• The construction costs of buildings.

• The costs associated with the preparation of buildings for the purpose for which they are to

be used (such as the costs of installing plant, fittings, fixtures and equipment).

• The cost of landscaping works.

• The cost of other ancillary work.

• All related Goods and Services Taxes.


A list of the common development types and minimum rates of construction are included in this

guide to help you calculate an accurate ‘estimated cost' of works for a development.

What do I need to do?

Include the following information in your application:

• All components of your development, including any earthworks and/or demolition.

• The cost of each work component based on the table below.

• The total cost of your development to show the total estimated cost of the works that form

part of this DA.

Alternatively, you may choose to provide Council with a detailed cost estimate of each component

from a practicing registered quantity surveyor or if the development includes elements not listed in

the table.

An example of how the guide is used to calculate the costs of works for an addition to a dwelling

house and installation of an in ground swimming pool is shown in the table below.

Type of Development Area Costs guide

(per m2) Total ($)

Ground floor additions 70m2 $1,550 $108,500

In ground concrete pool <40m2 $40,000 $40,000

Pool fencing 20m $131 $2,620

Total cost of works $151,120

Where development contributions apply for the development you will be required to provide a cost

estimate report from a quantity surveyor where the cost of works is greater than $100,000.

More information can be found on Council’s website here:

https://www.wsc.nsw.gov.au/development/developer-contributions-plans-development-servicing-

plans

How does Council confirm the estimate provided?

Council will assess the cost of work by applying the unit rates for each component of the proposed

work (as identified in the list of rates provided in this guide). The building cost indicators are

https://www.wsc.nsw.gov.au/development/developer-contributions-plans-development-servicing-plans

https://www.wsc.nsw.gov.au/development/developer-contributions-plans-development-servicing-plans


reviewed periodically to reflect market rates. A number of sources are used to derive the figures in

this guide including, but not limited to:

• Rawlinson’s Australian Construction Handbook.

• Archicentre Cost Guides.

• Cordell’s Building Cost Guides.

• Cost estimates derived from applications lodged with Council.

• Insurance certificates issued for projects under the Home Building Compensation Fund

(previously Home Owners Warranty Insurance).

Council will treat development proposals that fall outside the parameters of this guide on their

merits. Council will accept the estimated cost you state on your application form within 10% of the

cost calculated using this guide. If Council determines that the estimated cost of your proposal is

greater than your stated figure by more than 10%, you will be advised, the figure adjusted and an

invoice sent to you for any additional fees. Council may reject or defer an application if an estimate

cost of works is considered to not be genuine or accurate.

What if I disagree with WSC’s determination of the estimated costs of works?

If you disagree with Council’s determination of the estimated cost of works, you may choose to

provide Council with a detailed elemental cost estimate of each component from a practicing

registered quantity surveyor for Council to review.

Council will reject applications where it is not satisfied that the estimated cost of works is

accurate and genuine. Provided on the following page is a table to provide guidance on what

Council considers to be accurate and genuine estimated costs of works.


Appendix 2:

Cost Summary Report Template The genuine cost of the development proposed in a development application should include costs

based on industry recognised prices, including cost for materials and labour for construction and/or

demolition and GST. If the estimate is understated, the figure will need to be adjusted. Additional

application fees may then be incurred.

Various commercial entities publish building and construction cost guides/calculators which can be

referenced. The Australian Institute of Quantity Surveyors provides technical guidance on

estimating costs and methods of measurement in the Australian Cost Management Manuals.

1. General Project Information

Project Information

Development Name

Development Address

Description of Development

Floor Areas Gross Floor Area (Commercial) m2

Gross Floor Area (Residential) m2

Gross Floor Area (Retail) m2

Gross Floor Area (Industrial) m2

Gross Floor Area (Other) m2

Parking Gross Floor Area (Parking) m2

Number of Parking Spaces

Demolition Works

Other Works


2. Estimated Cost of Development

Attach either Table 1 or Table 2 below. If the development is over $1,000,000, a Quantity

Surveyor’s Report prepared by a registered Quantity shall be attached verifying the cost of the

development.


Table 1: COST SUMMARY REPORT TEMPLATE – Based on Works Component

Cost (applicant’s genuine estimate)

Demolition works (including cost of removal from site and disposal) $

Site preparation (e.g. clearing vegetation, decontamination or

remediation) $

Excavation or dredging including shoring, tanking, filling and

waterproofing $

Preliminaries (e.g. scaffolding, hoarding, fencing, site sheds,

delivery of materials, waste management) $

Building construction and engineering costs

• concrete, brickwork, plastering

• steelwork/metal works

• carpentry/joinery

• windows and doors

• roofing

$

Internal services (e.g. plumbing, electrics, air conditioning,

mechanical, fire protection, plant, lifts) $

Internal fit out (e.g. flooring, wall finishing, fittings, fixtures,

bathrooms, and equipment) $

Other structures (e.g. landscaping, retaining walls, driveways,

parking, boating facilities, loading area, pools) $

External services (e.g. gas, telecommunications, water, sewerage,

drains, electricity to mains) $

Professional fees (e.g. architects and consultant fees, excluding

fees associated with non-construction components) $

Other (specify) $

Parking / garaging area $

GST $

TOTAL $

I certify that:

• I have provided the estimated costs of the proposed development and that those costs are based on industry recognised prices; and

• the estimated costs have been prepared having regard to the matters set out in clause 255 of the Environmental Planning and Assessment Regulation 2000

Applicant Name: (Print) Applicant signature: Date:


Table 2: COST SUMMARY REPORT TEMPLATE – Based on Floor Space Estimates

Floor space of development $ rate per m2

Demolition & site preparation /m2 of site area $

Excavation /m2 of site area $

Construction commercial /m2 of commercial area $

Construction residential /m2 of residential area $

Construction retail /m2 of retail area $

Construction industrial /m2 of industrial area $

Construction other /m2 of other area $

Fit out commercial /m2 of commercial area $

Fit out residential /m2 of residential area $

Fit out retail /m2 of retail area $

Fit out industrial /m2 of industrial area $

Fit out other /m2 of other area $

Car parking /m2 of car parking area $

Professional fees (e.g. Architects and consultant fees, excluding

fees associated with non-construction components)

$

Total construction cost $

Total GST $

Total development cost $

I certify that:

• I have provided the estimated costs of the proposed development and that those costs are based on industry recognised prices; and

• the estimated costs have been prepared having regard to the matters set out in clause 255 of the Environmental Planning and Assessment Regulation 2000

Applicant Name: (Print) Applicant signature: Date:


Appendix 3:

Naming Convention This Naming Convention has been prepared to ensure you name and save the separate parts of

WSC’s Forms and Associated Documents in a manner that will protect your privacy and expedite

the lodgement of your application.

WSC requires all information to be submitted in an electronic format. This can be done by

supplying all the information on a USB or via e-mail (e-mail will incur a printing charge as per

Councils Fees & Charges Schedule). All documents are to be saved as a separate PDF and be no

bigger than 20MB. When documents exceed this size they are to be saved in parts and labelled

accordingly. WSC requires all documents to be named and saved in accordance with the following

naming convention:

Document title – Address of Development – Applicant Name

Example: Development Application (this is not a definitive list, refer to relevant checklist):

• Development Application Checklist – 123 Fake Street Wingecarribee – John Smith

• Development Application Form – 123 Fake Street Wingecarribee – John Smith

• Statement of Environmental Effects – 123 Fake Street Wingecarribee – John Smith

• Architectural Plans – 123 Fake Street Wingecarribee – John Smith

• Concept Stormwater Management Plans – 123 Fake Street Wingecarribee – John Smith

• Driveway Long Section Plans – 123 Fake Street Wingecarribee – John Smith

• Landscape Plans – 123 Fake Street Wingecarribee – John Smith

• Neighbour Notification Plans – 123 Fake Street Wingecarribee – John Smith

• Cost Report – 123 Fake Street Wingecarribee – John Smith

• Waste Minimisation & Management Plan – 123 Fake Street Wingecarribee – John Smith

• On-Site Disposal of Effluent Report – 123 Fake Street Wingecarribee – John Smith

• Bushfire Assessment Report – 123 Fake Street Wingecarribee – John Smith


Appendix 4:

Application Checklists

Residential - Required Information Choose the relevant Development Type from the columns on the right-hand-side. A non-shaded box indicates information detailed in that row is required. Use the relevant boxes to check off each requirement as you gather the necessary information.

Required

Information

ANCILLARY RESIDENTIAL

LOW DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL

Add

ition

s &

alte

ratio

ns to

ex

istin

g dw

ellin

g

Out

build

ings

(gar

ages

, ca

rpor

ts e

tc.)

Swim

min

g po

ols

& s

pas

Sing

le d

wel

ling

Rur

al d

wel

ling

Dua

l occ

upan

cy o

r se

cond

ary

dwel

ling

Man

or h

ouse

Mul

ti dw

ellin

g ho

usin

g (T

erra

ce

Mul

ti dw

ellin

g ho

usin

g

Res

iden

tial f

lat b

uild

ing

Seni

ors

hous

ing

Shop

-top

hous

ing

Electronic Copies Completed

Development

Application form

Statement of

Environmental

Effects

BASIX Certificate

Cost report Waste Minimisation

& Management Plan

Onsite Effluent

Disposal Report

Section J

Verification


Residential - Plans

Plans*


LOW DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL

Add

ition

s &

alte

ratio

ns

to e

xist

ing

dwel

ling

Out

build

ings

(gar

ages

, ca

rpor

ts e

tc.)

Swim

min

g po

ols

& s

pas

Sing

le d

wel

ling

Rur

al d

wel

ling

Dua

l occ

upan

cy o

r sec

onda

ry

dwel

ling

Man

or h

ouse

Mul

ti dw

ellin

g ho

usin

g (T

erra

ce

Mul

ti dw

ellin

g ho

usin

g

Res

iden

tial f

lat b

uild

ing

Seni

ors

hous

ing

Shop

-top

hous

ing

Site plan/s

Proposed site

plan/s

Concept

stormwater

management

plan

Driveway long

section plan

Floor space ratio

calculation plan

Neighbourhood

notification plan

Landscape plan

Shadow diagram

*two storey only *


Residential - Additional Information as required. Council may ask for further information during the assessment process. If the answer is YES to any of the questions below, then Council will require further information and/or plans (and possibly extra fees) to be submitted with the Development Application. In this case, it is suggested you speak to a Council Officer to ascertain what additional information is required. Supplying this information up-front can help reduce delays during the development assessment process.

Additional Information that may be

required


LOW DENSITY

RESIDENTIAL MEDIUM DENSITY

RESIDENTIAL

Add

ition

s &

alte

ratio

ns

to e

xist

ing

dwel

ling

Out

build

ings

(gar

ages

, car

port

s et

c.)

Swim

min

g po

ols

& s

pas

Sing

le d

wel

ling

Rur

al d

wel

ling

Dua

l occ

upan

cy o

r sec

onda

ry

dwel

ling

Man

or h

ouse

Mul

ti dw

ellin

g ho

usin

g /T

erra

ce

Mul

ti dw

ellin

g ho

usin

g

Res

iden

tial f

lat b

uild

ing

Seni

ors

hous

ing

Shop

-top

hous

ing

Alteration, enlargement or extension to an existing dwelling with an estimated construction cost of $50,000 or more or a swimming pool or spa with a combined capacity of 40,000 litres or more?

Y/N Y/N Y/N

Construction of a new building or additions and alterations to an existing building greater than one storey?

Y/N Y/N Y/N

Changes to or the installation of a new driveway? Y/N Y/N Y/N

Requests to vary any Development standards of Wingecarribee Local Environmental Plan (LEP) 2010?

Y/N Y/N Y/N Y/N Y/N Y/N Y/N

Y/N

Y/N

Y/N

Y/N

Y/N

Demolition Y/N Y/N Y/N Y/N Y/N Y/N Y/N

Y/N

Y/N

Y/N

Y/N

Y/N

Earthworks Y/N Y/N Y/N Y/N Y/N Y/N Y/N

Y/N

Y/N

Y/N

Y/N

Y/N

Development on bushfire-prone land? Y/N Y/N Y/N Y/N Y/N Y/N


Additional Information that may be

required


LOW DENSITY

RESIDENTIAL MEDIUM DENSITY

RESIDENTIAL

Add

ition

s &

alte

ratio

ns

to e

xist

ing

dwel

ling

Out

build

ings

(gar

ages

, car

port

s et

c.)

Swim

min

g po

ols

& s

pas

Sing

le d

wel

ling

Rur

al d

wel

ling

Dua

l occ

upan

cy o

r sec

onda

ry

dwel

ling

Man

or h

ouse

Mul

ti dw

ellin

g ho

usin

g /T

erra

ce

Mul

ti dw

ellin

g ho

usin

g

Res

iden

tial f

lat b

uild

ing

Seni

ors

hous

ing

Shop

-top

hous

ing

Development on flood-prone land? Y/N Y/N Y/N Y/N Y/N Y/N Y/N

Y/N

Y/N

Y/N

Y/N

Y/N

Development on or adjacent to a

Heritage Item/Area? Y/N Y/N Y/N Y/N Y/N Y/N Y/N

Y/N

Y/N

Y/N

Y/N

Y/N

Development on land which is or

may be contaminated? Y/N Y/N Y/N Y/N Y/N Y/N Y/N

Y/N

Y/N

Y/N

Y/N

Y/N

Development that may significantly

affect the threatened species,

populations or ecological

communities?

Y/N Y/N Y/N Y/N Y/N Y/N Y/N

Y/N

Y/N

Y/N

Y/N

Y/N

State Government approval? Y/N Y/N Y/N Y/N Y/N Y/N Y/N

Y/N

Y/N

Y/N

Y/N

Y/N

A residential flat building of at least

three storeys and containing at least

four dwellings? Y/N Y/N Y/N Y/N Y/N Y/N Y/

N Y/N

Y/N

Y/N

Y/N

Y/N

Senior’s housing on land not zoned

primarily for urban purposes, land that

is within a “special uses” zone or land

that is used for the purposes of an

existing registered club?

Y/N

Y/N

Y/N

Y/N

Y/N

Y/N


Commercial/Industrial Choose the relevant Development Type from the columns on the right-hand-side. A non-shaded box indicates information detailed in that row is required. Use the relevant boxes to check off each requirement as you gather the necessary information.

Required Information

DEVELOPMENT TYPE

Food

& D

rink

Prem

ises

Alte

ratio

ns to

C

omm

erci

al/In

dust

rial

Bui

ldin

g

Alte

ratio

ns to

Ed

ucat

iona

l bu

ildin

g

New

C

omm

erci

al

Bui

ldin

g

New

Indu

stria

l B

uild

ing

New

Ed

ucat

iona

l B

uild

ing

Electronic Copies

Completed Development Application form

Statement of Environmental Effects

Cost report

Waste Minimisation & Management Plan

Section J Verification

Plans*

Site plan/s

Proposed site plan/s

Detailed plans of Commercial Kitchen

Signage Plans

Concept Stormwater Management Plan

Driveway Long Section Plan

Floor Space Ration Calculation Plan

Landscape plan

Neighbour Notification Plan


Commercial/Industrial- Additional Information as required.

Council may ask for further information during the assessment process. If the answer is YES to any of the questions below, then Council will require further information and/or plans (and possibly extra fees) to be submitted with the Development Application. In this case, it is suggested you speak to a Council Officer to ascertain what additional information is required. Supplying this information up-front can help reduce delays during the development assessment process.

Additional Information that may be required

DEVELOPMENT TYPE

Food

& D

rink

Prem

ises

Alte

ratio

ns to

C

omm

erci

al/In

dust

rial

Bui

ldin

g

Alte

ratio

ns to

Edu

catio

nal

build

ing

New

Com

mer

cial

Bui

ldin

g

New

Indu

stria

l Bui

ldin

g

New

Edu

catio

nal B

uild

ing

Does the proposed development involve both a residential and commercial component? If YES, please ensure to include both commercial and residential documentation, as outlined in BOTH checklists.

Y/N Y/N Y/N Y/N Y/N Y/N

Is there a proposed change to the building’s classification under the Building Code of Australia, or extensive alterations to the existing building proposed?

If YES, a BCA Report, prepared by a suitably qualified person, may be required.


Requests to vary any Development standards of Wingecarribee Local Environmental Plan (LEP) 2010?


Requests to vary any Development Controls of a Wingecarribee Development Control Plan (DCP)?




DEVELOPMENT TYPE

Food

& D

rink

Prem

ises

Alte

ratio

ns to

C

omm

erci

al/In

dust

rial

Bui

ldin

g

Alte

ratio

ns to

Edu

catio

nal

build

ing

New

Com

mer

cial

Bui

ldin

g

New

Indu

stria

l Bui

ldin

g

New

Edu

catio

nal B

uild

ing

Demolition:

- Asbestos & Hazardous Material Assessment Audit

- Risk Assessment and Management Plan

- Demolition Plan


Earthworks

- Source or destination of material/s

- Classification of material/s


Development on bushfire-prone land? Y/N Y/N Y/N Y/N Y/N Y/N

Development on flood-prone land?

- Flood assessment report may

be required


Development on or adjacent to a

Heritage Item/Area?

- Heritage Impact statement

and/or a Heritage Conservation

Management Plan may be

required




DEVELOPMENT TYPE

Food

& D

rink

Prem

ises

Alte

ratio

ns to

C

omm

erci

al/In

dust

rial

Bui

ldin

g

Alte

ratio

ns to

Edu

catio

nal

build

ing

New

Com

mer

cial

Bui

ldin

g

New

Indu

stria

l Bui

ldin

g

New

Edu

catio

nal B

uild

ing

Development on land which is or

may be contaminated?

- Contamination Assessment


Development that may significantly

affect the threatened species,

populations or ecological

communities?

- Species Impact Statement may

be required


State Government approval? Y/N Y/N Y/N Y/N Y/N Y/N


Subdivision Choose the relevant Development Type from the columns on the right-hand-side. A non-shaded box indicates information detailed in that row is required. Use the relevant boxes to check off each requirement as you gather the necessary information.

Required Information

DEVELOPMENT TYPE

Subd

ivis

ion

of la

nd

Subd

ivis

ion

of b

uild

ing

Electronic Copies

Completed Development

Application form

Statement of Environmental Effects

Cost report

Waste Minimisation & Management Plan

Plans*

Site plan/s

Subdivision Plans

Strata Plans

Concept Stormwater Management Plan

Neighbour Notification Plan


Subdivision- Additional Information as required. Council may ask for further information during the assessment process. If the answer is YES to any of the questions below, then Council will require further information and/or plans (and possibly extra fees) to be submitted with the Development Application. In this case, it is suggested you speak to a Council Officer to ascertain what additional information is required. Supplying this information up-front can help reduce delays during the development assessment process.


DEVELOPMENT TYPE

Subd

ivis

ion

of la

nd

Subd

ivis

ion

of

build

ing

Does the proposed development involve both subdivision and construction? If YES, please ensure to include documentation as outlined in BOTH checklists as required.

Y/N Y/N

Requests to vary any Development standards of Wingecarribee Local Environmental Plan (LEP) 2010? Y/N Y/N

Requests to vary any Development Controls of a Wingecarribee Development Control Plan (DCP)? Y/N Y/N

Construction of a public or private vehicular access or drainage?

- Engineering Plans (drawn to scale) including any elevations, cross sections and longitudinal sections of proposed private access ways and public roads and/or stormwater drainage pipes.

Y/N Y/N

Earthworks

- Source or destination of material/s

- Classification of material/s

Y/N Y/N

Creation of Battle-axe blocks, public open space or public roads?

- Landscape plan in accordance with the applicable DCP must be supplied

Y/N

Development on bushfire-prone land? Y/N Y/N

Development on flood-prone land?

- Flood assessment report may be required Y/N Y/N



DEVELOPMENT TYPE

Subd

ivis

ion

of la

nd

Subd

ivis

ion

of b

uild

ing

Development on or adjacent to a Heritage Item/Area?

- Heritage Impact statement and/or a Heritage Conservation Management Plan may be required

Y/N Y/N

Development on land which is or may be contaminated?

- Contamination Assessment Y/N Y/N

Development that may significantly affect the threatened species,

populations or ecological communities?

- Species Impact Statement may be required

Y/N Y/N

State Government approval? Y/N Y/N

*Plans Site Plan/s Separate site plans may be provided to differentiate between existing and proposed,

and should contain:

• boundary dimensions, site area & true (not magnetic) north point

• location of any easements and services, including location of on-site sewage management

system and trenches

• existing vegetation/trees

• existing levels of land in relation to buildings and roads

• the location and uses of existing building/s on the development and adjoining sites

• the location of any existing parking spaces

• location of proposed building/s or works, including distances of building/s to boundaries,

existing buildings and adjoining development/s

• location of proposed driveways and parking spaces

• location of outdoor clothes drying area


• location of garbage storage/collection

• proposed method of draining stormwater from land/building, including on-site detention (i.e. rainwater tanks)

Proposed Site Plans must contain the following information:

• Floor plans, showing:

o proposed ground levels, floor levels and road levels (AHD levels preferable,

essential if on flood prone land)

o The proposed use of each room/space

• Elevation and Section Plan, showing:

o proposed external finishes and

o internal and external height/s of any proposed building/s

• BASIX commitments as listed on the BASIX Certificate (if required, see “Additional

information that may be required” below)

• Location of solid fuel heater and/or any air-conditioning systems, including the location of

any flue/chimney (if proposed).

• If the proposal is in an area that is subject to bushfire:

o Level of Construction Requirements

• If the proposal includes any demolition:

o The structures to be demolished

Concept Stormwater Management Plan to be prepared by a suitably qualified person, showing

how stormwater is to be managed on the site.

Driveway Long Section Plan should include the design levels of any proposed driveways.

Floor Space Ratio Calculation Plan showing the calculation of the floor space in accordance with

Clauses 4.4 and 4.5 of Wingecarribee LEP 2010.

Neighbourhood Notification Plan Neighbour Notification Plan/s (A4 size only) need to indicate

the height, external appearance and the location of the development on the site. Neighbour

Notification Plan/s shall include:

• Site Plan

• Elevation Plans

• Dimensions

Neighbour Notification Plan/s must exclude floor plans.


354

July 2019


Guideline to Lodgement of Development Applications, Version 1.1

Civic Centre, Elizabeth St, Moss Vale, NSW 2577.

PO Box 141, Moss Vale. t. (02) 4868 0888 f. (02) 4869 1203

e. [email protected] ABN 49 546 344 354