When assessing the property market, it pays to be aware of any possible developments that may affect your future livelihood and as well as the process surrounding development applications.
What is a development applications (DA)?
- Heritage impact statement
- Flora & fauna assessment
- Social impact assessment
- Owner’s consent
- Cost estimate report
- Statement of Environmental Effects
- Site Photography
- Soil testing
- Access, parking & road work plans
- Erosion & sediment control plan
- Stormwater management plan
Traditionally hard-copies of DA documentation were required, however, most councils have recently transitioned to digital platforms.
“the proposed development is unsuitable for the site as it will have a detrimental impact on the privacy of an adjoining neighbour (section 79C(1)(d) Environmental Planning and Assessment Act, 1979)”
Once a development applications has been lodged, it will be publicly available information such as
- Council DA reference number
- Applicant’s name
- Lot number
- Property address
- Proposed development
- Consent authority
- Category of development (i.e. Residential – New Multi-Unit)
- Planning Approval Pathway (i.e. the Local Environment Plan for that region)
- Zoning of land
- Justification (i.e. development not considered to result in adverse impacts to surrounding properties)
- Notification end date
- The dimensions of the subject land,
- A north point, an indication of views and prevailing breezes
- Location of easements
- The position of structures on adjoining properties to the subject land
Adjoining landowners will be notified of nearby DAs, usually in the form of a written letter, on site notice and/or in the newspaper . There is an exhibition period (usually 14 days) where the public can make an objection submission towards development.
In some circumstances, the nearby public will also be notified. This will be determined by the relevant consent authority. The consent authority is usually the council, or a Joint Regional Planning Panel or possibly the NSW Planning Minister for major projects.
Why should I be aware of development applications?
- Natural views become obscured
- Oversupply of real estate
- Natural sunlight being restricted (health concern)
- Road and access changes
- Noisy construction projects
- Heritage & cultural significance
- Wind breeze could be affected
- Waste management changes
Or as a positive:
- Parties sell their land for a high price to developers
- Boosting local real estate or commercial economy
Pathways for applications that do not require council consent
In the event the project is low impact and doesn’t require any planning or building approval, the party may be informed their proposal should go through a different Assessment Pathway.
Projects with minor environmental/amenity impact (i.e. replacing windows or building a deck) may be considered as exempt development and do not require council approval.
Projects with predictable environmental/amenity impacts (i.e. constructing a granny flat or pool) may be considered as complying development. These projects would require a Complying Development Certificate (CDC) which can be issued by a private certifier.
Remaining observant can lead to positive outcomes
Upon reviewing the application, the Architectural Plans and the Shadow Diagram illustrated the construction of a six-story apartment complex.
In terms of solar access, which is measured in the middle of winter – when the sun is at its least radiant, it appeared the draft design would cause overshadowing. In other words, the highest point of apartments would reduce the natural sunlight on their property.
Maintaining awareness of items such as development applications online systems, application pathways, timeframes & legal representation that can assist you.
Hunter Legal & Conveyancing do not offer a service to help people submit development applications documentation. However, we offer a Conveyancing service to guide people through the legal process surrounding buying or selling a property.
Want to work with HLC?
- Our staff consists of Conveyancers & Solicitors
- We offer fixed priced services
- We have been operating in The Hunter for over 30 years
- There are no customers ‘too small to matter’