Step 1: Do you need a DA?
Before you undertake any development or building works, you must determine if you need approval from Council.
The type of approval you require, if any, depends on your development's scale and potential impacts on adjoining properties.
It is important to check the Codes SEPP prior to deciding which pathway applies to your development.
Click here for more information about the development approval pathways and the Codes SEPP.
Three types of approval:
Exempt development requires no approval from Council, has minimal environmental amenity/impact, and must comply with the pre-set legislative standards in the State Environmental Planning Policy (Exempt and Complying), otherwise known as the codes SEPP.
This may apply to smaller developments like balconies, decks, patios, pergolas, terraces, and verandahs. Council cannot advise whether your development is classified as exempt. As a property owner, you have to be satisfied with the proposal meeting the relevant development standards in the Codes SEPP as there is no certifying authority for exempt development.
If your development does not meet the criteria for exempt development, it may be permitted with a Complying Development Certificate.
Complying development is a fast-track assessment that can be carried out by Council or an accredited certifier to approve certain types of development if pre-set legislative standards are met. Complying development allows for the construction of things like a new dwelling, an extension to a house, an internal fit out of a commercial building, new industrial buildings and changes to business use.
Development consent is required from Council through the development application process and is for development types that do not meet the criteria for exempt or complying development.
Developments that require development consent generally have greater environmental/amenity impacts than exempt and complying development, and therefore require assessment from Council.
The Development Application is assessed against the Environmental Protection & Assessment Act 1979, the Port Stephens Local Environment Plan (PSLEP 2013), and the Port Stephens Development Control Plan (DCP 2014).
Unlike exempt and complying development, the development application process is a merit-based assessment, which means Council can consider minor variations to the standards set in the Development Control Plan if an appropriate justification is put forward by the applicant.
If after reviewing Council's website and the Codes SEPP, you think you need further assistance you can call Council’s Duty Planning Officer on 4988 0255.
The Duty Planner can provide general advice regarding which path is most suitable but cannot confirm an exemption or whether an approval by Council will be granted for your development.