Development Applications – Frequently Asked Questions
Kids ask the Questions about City Planning
Before you submit a DA you should:
- Determine the land use zoning of the site.
- Review the planning documents. The planning documents show whether the building or development you are proposing is permitted or prohibited on the site.
- View the Local Environment Plan (LEP) 1989
- View Development Control Plans
- View Draft Development Control Plans
- View Council Policies and Procedures
- Review the Development Application Guide relating to the type of development you are proposing. Development Application Guides are being written for each type of development to give you as much development specific information as possible.
- View Development Application Guides.
- Pre-lodgement discussions – with neighbours and Council. You may wish to discuss your proposed development with your neighbours prior to submitting your application. Council’s Development Services Duty Officers are available at the Customer Service Centre to discuss your plans prior to submitting your application.
- Complete the Development Application Form using the appropriate Development Application Guide. Each Development Application Guide describes how to fill in the Application Form for the type of development you are considering.
- View Development Application Form.
- Ensure that you have all the necessary documentation. Each Development Application Guide has a checklist for you to use. Submit this checklist with your application.
- Lodge your DA with Council. Council’s Customer Services Centre staff will check your application for completeness, lodge your application and receipt your payment.
- Penalties apply to owners and developers who undertake construction without appropriate consent. You may be prosecuted and/or ordered to demolish the unauthorised work.
Frequently Asked Questions (Click on a question to view)
Do I need a Development Consent?
What planning documents should I consult?
Is your application an Integrated Development?
What fees do I pay?
How is my DA processed?
What if I am unhappy with Council's determination?
What is a Construction Certificate?
Am I ready to commence building?
How do I modify my plans?
I need help – contacting Council
Do I need a Development Consent?
The majority of building and development within Cessnock City does require consent from Council. However, there are certain types of development that don't require Council consent. Please contact the Council's Customer Services Centre if you would like further information.
Penalties apply to owners and developers who undertake construction without appropriate consent. You may be prosecuted and/or ordered to demolish the unauthorised work.
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What planning documents should I consult?
The Cessnock City Local Environment Plan (LEP) 1989 defines the land zones and permissible uses within the zones.
Development Control Plans (DCPs) provide more detailed provisions than those contained in the LEP and are specific to geographic zones or development types.
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Is your application an Integrated Development?
Integrated Development is development that, in addition to Council consent, requires one (or more) nominated permits/licenses from a State Government agency, for example a permit from NSW Fisheries or approval from the NSW Rural Fire Service.
Any conditions applied by the concurrence authority will be listed on any development consent issued by Council. However, where the concurrence authority does not wish to support the proposal, Council is unable to issue development consent.
What do I need to do if my development is Integrated?
Where an application is Integrated Development, Council is obliged to refer a copy of the application to the relevant approval body and await comment prior to formal determination of the application. Council will request that you submit additional copies of your application documentation for use by the approval bodies. Additional fees may also be applicable under such circumstances.
If your application is determined to be Integrated Development, please contact the relevant approval body to determine any requirements prior to lodging your application with Council.
How do I know if my proposal is Integrated Development?
The development that you are proposing will be Integrated Development if you answer YES to any of the questions below. Under each question is listed the department you will require the additional consent from, and the Act requiring that additional consent.
- Bushfire Prone Land (NSW Rural Fire Service)
Does your development involve land subdivision for residential purposes, or construction of a school, childcare centre, hospital, hotel, motel, other tourist accommodation, homes or establishments for mentally incapacitated persons, SEPP developments, group homes (SEPP9), retirement villages in an area identified as bushfire prone? (S100B approval)
If YES, your application requires referral to the NSW Rural Fire Service, therefore your application is to be accompanied by the additional information prescribed by Rural Fires Act and the Environmental Planning and Assessment Act, 1979.
View Bushfire Protection Guidelines
- Streams, Rivers and Lakes (NSW Dept. of Natural Resources)
Will the development or work you propose take place on land which is within 40 metres of a stream, river, lake or lagoon?(Section Pt 3A approval)
If YES, and, if the development or work you propose would require excavation of the land, the removal of material from the land, or result in any obstruction of or detrimental impact upon the flow of water into a stream, river, lake or lagoon, you require a permit from the Department of Natural Resources (a requirement of Part 3A of the Rivers and Foreshores Improvement Act 1948)
- Roads (NSW Roads & Traffic Authority)
Does the development or works you propose to do include any of the following:
the erection of a structure or the carrying out of work in, on, or over, a public road
the digging up or disturbance of the surface of a public road
the removal of, or interference with, a structure, work or tree on a public road
the connection of a road (public or private) to a public road
the pumping of water into a public road from any land adjoining the road.
(S138 approval)
If YES, and if the authority for the road that would be subject to the proposed development or works, is not Cessnock City Council, you will need the consent of the authority for the road (a requirement under Section 138 of the Roads Act 1993).
Please Note: You can check with Council as to which authority is responsible for a particular public road.
- Mine Subsidence (Mine Subsidence Board)
Are you proposing to build, sub-divide, make roads, paths or driveways, or put in any pipelines, water, sewerage, telephones, gas or other service mains in a district subject to mine subsidence, or alter any of these types of development in a mine subsidence district? (S15 approval)
If YES, you need approval from the Mine Subsidence Board (a requirement under Section 15 of the Mine Subsidence Compensation Act 1961).
- Obstruct Fish Passage (NSW Dept. of Primary Industries)
Does your proposal involve the construction of any structure such as a weir, dam, floodgate, culvert or causeway across any natural or semi-natural waterway whether permanently or intermittently inundated or flowing (including a bay, estuary, lake, river, creek, lagoon or wetland? (S201, S219 approval)
If YES, you need a permit from NSW Department of Primary Industries (a requirement under Section 201 and 219 of the Fisheries Management Act 1994).
- Use Of Water (NSW Dept. of Natural Resources)
Are you proposing to take water from a river or lake, to construct a water supply work, or to sink, or to enlarge or alter a bore? (SS89, 90, 91 approval)
If YES, you may need a licence or permit from the Department of Natural Resources (a requirement of the Water Management Act 2000). The Department can advise you if the development or works you propose would require such a permit or licence.
- Excavation of Filling of a Waterway (NSW Dept. of Primary Industries)
Does your proposal involve any excavation or filling of the bed of a natural or semi-natural waterway whether permanently or intermittently inundated or flowing (including a bay, estuary, lake, river, creek, lagoon or wetland), with any earth, soil, rock, rubble, concrete, timber or bricks etc? This does not include works within farm dams, urban ponds, irrigation channels, stormwater ponds, sewage treatment ponds etc.(Section 201 approval)
If YES, you need a permit from NSW Department of Primary Industries (a requirement under Section 201 of the Fisheries Management Act 1994).
- Aquaculture (NSW Dept. of Primary Industries)
Does your proposal involve the cultivation of fish, shellfish, crustaceans, seaweeds, or other aquatic organisms for commercial purposes (but not including a pet shop or aquarium)? (S144 approval)
If YES, you need a permit from NSW Department of Primary Industries (a requirement under Section 144 of the Fisheries Management Act 1994).
- Harm to Marine Vegetation (NSW Dept. of Primary Industries)
Does your proposal involve any distrubance, damage or harm to marine vegetation (including seagrasses, mangroves and seaweeds) on public water land or private land which is adjacent to public water land, including by shading them with an overhead stucture (eg jetty or pontoon)? (S204 approval)
If YES, you need a permit from NSW Department of Primary Industries (a requirement under Section 205 of the Fisheries Management Act 1994).
- Pollution (NSW Dept. of Environment & Conservation)
Is the development you propose classified as 'designated development'? (SS43a, 47 & 55; SS43b, 48 & 55; SS43d, 55 & 122 approval)
If YES, you will, in most circumstances, require a licence from the Department of Environment & Conservation (a requirement of Sections 47 & 48 of the Protection of the Environment Operations Act 1997).
If NO, you will not require a licence, unless the activity would result in the pollution of water, in which case, you will require a licence under Section 43(d) of the Protection of the Environment Operations Act 1997.
- Heritage (NSW Dept. of Planning)
Does your application relate to a building, a place or land that has a permanent conservation order, an interim conservation order or an interim heritage order protecting it, or which is listed on the State Heritage Register? (S58 approval)
If YES, you need approval from the NSW Department of Planning (a requirement under Section 57 of the Heritage Act 1977).
- Aboriginal Relics and Places (NSW Dept. of Environment & Conservation)
a) Would the development or works you propose disturb, damage or destroy a known Aboriginal relic? (S90 approval)
If YES, and if the disturbance, damage or destruction is NOT in accordance with Aboriginal tradition, you need approval from the Department of Environment & Conservation (a requirement under Section 90 of the National Parks and Wildlife Act 1974).
b) Would the development or works you propose involve land that has been declared to be an Aboriginal place? (S90 approval)
If YES, you need approval from the Department of Environment & Conservation (a requirement under Section 90 of the National Parks and Wildlife Act 1974).
- Mining (NSW Dept. of Primary Industries)
Would the development or works you propose require the grant of a mining lease? (S63, S64 approval)
If YES, you need approval from the Department of Primary Industries (a requirement under Section 63 and Section 64 of the Mining Act 1992).
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What fees do I pay?
The fee for processing your application is based on the type of works proposed and may involve the estimated cost of the works.
Additional fees apply for:
- Advertising and/or notification of persons who may be affected by your proposal
- If you wish to modify your application post lodgement
- If your application is integrated development
- Inspections
Separate fees apply for:
- Subdivision of land
- Application for a Construction Certificate
- Application for Compliance Certificate
- Application for Occupancy and Complying Development Certificate
- Application for Subdivision Certificate
- Other fees may be payable depending upon the nature of your proposal.
- The Development Application fee includes a State Government long service levy for the State Government’s strategic planning program, PlanFirst.
- Council is also an agent for and collects money on behalf of the Long Service Levy Corporation where applicable.
- An estimate of your fees may be obtained by contacting Council’s Customer Services Centre.
Council's 2009/2010 Fees & Charges
Building Surveying Services Fees and Charges
Council's Building Cost Guide
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How is my DA processed?
Council’s Customer Services staff will check your application for completeness, calculate the fees payable, receipt the fees and lodge your application. You will be given a DA number to use when discussing your application with Council Officers.
Your application will then proceed through the following steps:
- The application may be reviewed by a committee of senior staff to identify any obvious issues that require addressing. You will be contacted should issues arise.
- If your proposal has the potential to affect others it may be advertised and/or notified in accordance with Council’s Advertising and Notification Development Control Plan. If advertised or notified affected parties will be given the opportunity to comment on your proposal. View DCP No. 38
- A Case Officer will be assigned to assess your application. You will be notified in writing of who your Case Officer is and how to contact him/her. You may not receive this notification if your application is for a simple development that will be processed and anticipated to be determined quickly.
- If your application is an integrated development, Council will consult with the relevant organisations.
- The Case Officer will inspect the site.
- You may be requested to provide additional information.
- An Assessment Report will be prepared.
- A Determination will be made taking into account the Assessment Report.
- The determination documentation will be prepared and sent to you.
- During the assessment process Council will correspond only with the applicant.
- Should Council provide you with consent for development you are not able to commence building works until a Construction Certificate has been issued.
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What if I am unhappy with Council's determination?
On completion of the assessment process you will be advised of Council's determination by letter.
If you are dissatisfied with Council’s decision, the Environmental Planning and Assessment Act 1979 gives you the right:
to request a review by Council as long as the application for review is lodged within 12 months of the date of determination; or
to appeal to the Land and Environment Court within 12 months after the date on which you receive the notice.
If you are dissatisfied with any of the conditions of approval, you may lodge an application for Section 96 Modification to either delete the condition or modify it.
An application for Section 96 Modification should be accompanied by a written statement of reasons and appropriate supporting documentation and scheduled fees.
Council is always prepared to discuss its decision. Please discuss the determination with your Case Officer or Council's Customer Services Section before embarking on potentially expensive legal action.
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What is a Construction Certificate?
A Construction Certificate (CC) must be obtained prior to commencement of any building or subdivision works associated with a Development Approval.
A Construction Certificate ensures that the detailed construction plans and specifications comply with the Building Code of Australia (BCA) and any associated standards and that construction plans are consistent with the development approval.
Cessnock City Council is empowered to assess and issue Construction Certificates.
Alternatively, you can choose to have your building Construction Certificate issued by an accredited certifier. A Construction Certificate issued by a private certifier must be forwarded to Council within seven (7) days of issue.
Can I ask Council to assess my CC at the same time as the DA?
Yes. This is referred to as a combined application for DA/CC.
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Am I ready to commence building?
Prior to commencement of any building works you must have current development consent and a Construction Certificate.
You must build exactly what has been approved and you must comply with the conditions of consent detailed in your approval, including meeting Council's inspection requirements.
Penalties apply to owners and developers who undertake construction without appropriate consent or where the works contravene the approval. You may be prosecuted and/or ordered to demolish the unauthorised work.
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How do I modify my plans?
After you have lodged your application you can make minor modifications to your plans by submitting a Section 96 Modification application.
Additional fees will apply for re-assessing and processing the amendment application.
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I need help – contacting Council
General enquiries regarding Development Applications and Construction Certificates, including the status of your application, can be made to Council's Customer Services staff.
A Development Services Duty Officer is available to answer your specific queries. To talk to the Duty Officer please call Council's Customer Services Centre on (02) 4993 4100 or visit the Customer Services Centre between 8.40am – 9.45am and 1.00pm – 4.30pm weekdays. Please advise the Customer Service Officer of the nature of your enquiry.
Enquiries specific to your application, other than those requesting the status of your application, should be directed to your Case Officer.
