Lodging a Development Application in Warringah

Table of Contents

Your locality statement will guide you as to what can be done with your property and includes such information as;

General Principles of development control contain generic information relevant to all localities and provide guidance in areas such as;

To identify your locality and obtain relevant information regarding it and

General Principles you may either;

For assistance with negotiating Council’s web site and interpretation of the WLEP 2000 please contact the Customer Service Centre, Planning and Assessment Enquiries.

The WLEP 2000 uses localities rather than traditional zones to differentiate where certain land uses may occur. Once the locality is determined there is a hierarchy of land uses contained in development Categories and a list of Prohibited development.

       An example of a Category 2 land use would be a childcare centre in low density residential area. It must pass the test of consistency in order to be approved.

It is important to note that within particularly localities the permissible use categories vary for places such as local shops and small industrial areas. Each locality statement provides information in this regard. The definitions of land uses contained within locality statements can be found in the Dictionary of the WLEP 2000 and is the primary reference to use.

Most building and demolition work requires a Development Application to be lodged with Council (unless it is Exempt or Complying development). If the development consent involves any form of construction works, you will be required to obtain a Construction Certificate before you commence works.

Examples of types of development requiring development consent are;

Minor development, which conforms to a set of general and specific conditions, can be undertaken without consent.

Schedules 1 of the Warringah Local Environmental Plan 2000 describe Exempt Development.

Please note that in order to carry out works or land use without consent you must comply with ALL of the conditions relevant to Exempt Development, including Parts 1 and 2 of Schedule 1.

It is an offence to carry out any development that does not meet these conditions without consent.

Complying Development is specified small scale, low impact development, which complies with pre-set criteria and is capable of prompt certification by Council or a Private Accredited Certifier.  In effect it is a single-stage, fast-track approval system, for low impact forms of development, which meet predetermined criteria.

In order to apply for a Complying Development Certificate you must:

1. Refer to the list of possible Complying Developments in the relevant Locality Statement.

2. If your proposal is listed you must then refer to the relevant controls listed in Schedule 12 and Clause 8 and 9 of Warringah Local Environmental Plan 2000 (WLEP2000).

If all of the above criteria are met you may apply for a Complying Development Certificate either through Council or a Private Accredited Certifier.

a. Through Council

If you choose to lodge your Complying Development Application through the Council, please make an appointment with our Quality Development Applications Officer lodging your application. The Officer will be able to assist you with any queries relating to the lodgement of your Complying Development Application and can be contacted on (02) 9942 2749.

b. Private Certifier

If you wish to lodge your Complying Development Application with a Private Accredited Certifier, you will need to contact them with regard to their fees and requirements. You can obtain a list of Accredited Certifiers from the Department of Planning.  For advice on Accredited Certifiers, visit the Department of Planning’s website at www.bpb.nsw.gov.au or telephone (02) 9895 5950.

Yes, a Development Application must be lodged, if you plan to demolish any structures that are not classed as ‘Exempt Development’.

To find out whether you can subdivide a site, you must refer to the Locality Statement and the requirements listed under the heading ‘housing density’. For example, some areas within Warringah Council have a housing density of 1 dwelling per 600 m2, therefore in order to subdivide you would need at least twice this amount. There are exceptions to these conditions, which are listed in the Locality Statement.

Further requirements for subdivision can be found in Clause 21 and Schedule 7 of Warringah Local Environmental Plan 2000(WLEP2000). For enquiries regarding subdivision of a site, contact Councils’ Customer Service Centre, Planning & Assessment Enquiries.  For more information on the Subdivision process, please refer to our website.  Copies of the Subdivision Process flowchart are available from Council’s Customer Service Centre, Planning & Assessment Enquiries or from Council’s website at www.warringah.nsw.gov.au .

Two dwellings on one allotment of land will only be allowed if the land area meets the housing density requirements for two dwellings.

A granny flat is a specific type of dwelling that is separately defined in the Warringah LEP 2000. Whilst still formally considered as a “dwelling” for the purposes of the Building Code of Australia, a granny flat may be approved in certain localities if it meets the requirements of the definition.  The definition of granny flat requires all of the following matters to be addressed without variation;

• has self contained cooking facilities

• has a gross floor area not exceeding 60 square metres

• that is part of, and has shared access with, a building which has the appearance of and contains a single larger dwelling, and

• does not have separate land title.

Development consent is required for a granny fl at and any proposal must also address the other requirements of WLEP such as the Desired Future Character statement, Built form controls and General Principles of development control. An Application must adequately address each component as listed above prior to consent being granted.

Consultation with your neighbours is recommended before lodging your Development Application. This may enable you to resolve any objections and issues before you lodge your application, therefore preventing any delays in the assessment process.

Check the Locality Statement that applies to your property, this will list built form controls and land uses which are applicable. Also, check any General Principles of the Warringah Local Environmental Plan 2000, which may apply to your proposal.

Ensure you have all the relevant information you need to include in your application. An incomplete application will delay processing times.

Check to see whether your property has any special circumstances. For example, it may be located in a bushfire, slip or flood prone area, or it may be a heritage item. If so, Council will require additional information as indicated in the application checklist. To find out whether there are any special circumstances on your parcel of land, you may contact Council’s Customer Service Centre, Planning and Assessment Enquiries, or obtain a 149 Certificate from the Council.

Your application may require approvals from other Government agencies. As the applicant, it is your responsibility to check which approvals are required before lodging your Development Application.

If you are unsure of what is required, consult Council’s Customer Service Centre, Planning and Assessment Enquiries before lodging your application.

By doing so, you will have a clearer understanding of the Council’s planning controls and will be better equipped to prepare your application. This will assist with the assessment process.

To obtain further information and assistance before lodging your application you can:

Please see Council’s Fees and Charges schedule for the current fees.

A pre-lodgement meeting is an avenue in which the applicant can get some preliminary advice on applications about to be lodged. Either a Senior Development Assessment Officer or a manager or team leader facilitates these meetings. No pre-lodgement meeting can provide a definitive statement as to the likely outcome of an application.

A determination can only be made following the lodgement of an application and the completion of the assessment process.

The applications viewed at this meeting include but are not limited to the following types of development:

Ten (10) days notice is generally required to book a meeting. However, every effort will be made by Council to convene this meeting at an earlier time.  To book a pre-lodgment meeting you will need to complete the Application for a Pre-Lodgment Form and submit plans of the proposal and pay appropriate fees to Council a minimum of 7 working days before the scheduled meeting.

To assist in the efficient processing of your application, Council strongly advises you to make an appointment to lodge your Development Application (DA). There is no additional fee for this appointment and it can take 30-40 minutes. To book an appointment with the Quality Development Applications Officer contact the Council on (02) 9942 2749 and leave a message, your call will be returned within 24 hours. Priority is given to those with an appointment and you may be required to wait until the next available time if you come in to lodge without a pre-booked appointment.

Our Quality Development Applications Officer will meet with you upon lodgement to ensure that you have completed the relevant forms and have all of the necessary information. If your application is satisfactory, you will be required to pay Development Application and Notification/Advertising fees. These fees are based on the estimated cost of works. To obtain a quote of the fees due upon lodgment, contact the Customer Service Centre, Planning & Assessment Enquiries on 9942 2111.

For more information on the Development Application process, please refer to our Development Application flowchart (located at the end of this booklet). Copies of the flowchart are also available from Council’s Customer Service Centre, Planning & Assessment Enquiries or from Council’s website at www.warringah.nsw.gov.au  

Council’s application forms have checklists that specify the minimum requirements for lodging a Development Application.

These are available online, at the Customer Service Centre, Planning and Assessment Enquiries, or can be mailed to you on request. It is essential that you include all the information required in the application in order to minimise delays or rejection of your proposal.

To ensure that you have all of the correct information, it is highly recommended that you consult Council’s Customer Service, Planning and Assessment enquiries or attend a pre-lodgement meeting before lodging your application.

Incomplete information may result in delays in the processing of your application.

In order to lodge a Development Application you must nominate an Applicant. The Applicant can be the owner of the land to which the Development Application relates or any other person providing they have the owners’ consent in writing. For example, the applicant could be the architect, draftsman or builder.

The Applicant nominated on the Development Application form will be the main contact for any correspondence relating to the application. Please note the Development Consent will be in the applicants name regardless of whether they are the owner of the property or not.

Once the Development Application is approved, the stamped approved plans will need to be picked up by the applicant.

At this stage, Council cannot issue copies of the approved plans to anyone other than the applicant, even if it is the current owner of the property, without the applicant’s written authorisation.

You should be aware of this when deciding who is to be the applicant for a Development Application.

If a person has lost their plans they can request a copy in writing from Council.

Council can only give a copy of these plans to the original applicant or copyright holder unless the property has been sold.

In the case of the property being sold, stamped approved plans may be released to the new owners of the property.

Appropriate documentation will need to be provided to prove change of owner.

Factors that can slow the progress of your Development Application (DA) are:

Council encourages you to track the progress of your application online by using our DAs Online Service (available on Council’s website www.warringah.nsw.gov.au ).

Once your Development Application is lodged with the Council, it will be allocated to two planning staff, a Development Assessment Liaison Officer (DALO) and a Development Assessment Officer. The DALO administers the initial stages of the assessment process and helps with answering public enquiries relating to your Development Application.

The Development Assessment Officer is responsible for assessing your Development Application. This officer is available to discuss your application between 9.30am to 10.30am and 3.00pm to 4.00pm Monday to Friday, excluding public holidays.

The assessment process will take account of statutory requirements, Council’s planning controls as well as policies and any submissions from the public that may have been received.

In some cases applications will be referred to an Independent Hearing Assessment Panel (IHAP) and/or a Council meeting for consideration. For example, a Category 3 proposal must be subject to an independent public hearing. Please refer to the IHAP Section in this booklet, which outlines those applications to be submitted to IHAP.

When an application is lodged it is entered on Council’s computer register and given a unique reference number consisting of the year and order/number of lodgement.  Always use this number whenever you need to contact the Council about your application.  Council encourages you to track the progress of your application online by using our DAs Online Service (available on Council’s website www.warringah.nsw.gov.au ). This allows you to view documents, read public submissions and track the progress of your DA by viewing the pre-approval milestones.

The Milestones are set by Council and represent various stages of development assessment, such as “Notification” and “assessment site viewing” and “report preparation”. Council provides comment and updates the status of these milestones during the assessment process.

Alternatively, you can contact the Council’s Customer Service Centre on 9942 2111, or visit the Customer Service Centre, Planning & Assessment Enquiries at the Civic Centre.

It is a good idea to get an indication of all fees and charges associated with a Development Application so that you can factor these into your budget. Most fees are based on the estimated contract value of the proposed works, however some are standard fees which are payable each time you lodge a Development Application. Along with the Development Application fee, other fees may include Section 94 and Long Service Levy. Council collects these fees on behalf of the Long Service Levy Corporation and they are subject to change without notice.

A schedule of current fees and charges is available on Council’s website. Council’s fees and charges are reviewed annually and statutory fees my change at any time. Please note that if you use a Private Accredited Certifier as your Principal Certifying Authority, or to apply for a Construction Certificate or Complying Development Certificate, the certifier sets the fees.

To obtain a quote for fees, or for all fee enquiries please contact the Council’s Customer Service Centre on 9942 2111 or visit the Customer Service Centre, Planning and Assessment Enquiries at the Civic Centre, 725 Pittwater Road, Dee Why.

There will be fees payable at lodgement of your Development Application.  These could include (but are not limited to) development assessment fees and Notification or Advertising fees.  Additional fees may be required if you amend the design during assessment.

After approval, there will be a number of additional fees, some of which are listed on your Development Consent.  These could include (but are not limited to) application fees, bonds, levies, contributions and inspection fees.

In accordance with the Warringah Development Control Plan (Warringah DCP), nearby property owners will be notified of your Development Application by way of a letter. This letter is supported

by a Notification plan (a smaller copy of the relevant plans of the application). This process incurs a Notification fee, which will be charged upon lodgement of your Development Application.

In addition to the above, some developments are required to be advertised in the local newspaper (i.e. The Manly Daily) and be advertised locally by a sign placed on the street frontage of the property. This is referred to as Advertised Development and Clause 23 of the Warringah Local Environmental Plan 2000 (WLEP2000) and the Warringah DCP defines which development falls into this category.

Advertised development incurs a greater fee than Notification.

The application is advertised for 14-30 days, depending on the type of application, during which time Council will accept submissions from the public.

Members of the public may visit Council’s Customer Service Centre, located at Civic Centre, 725 Pittwater Road, Dee Why, at any time during the advertising period to view the original plans and accompanying documentation.

Submissions will be formally acknowledged and any concerns will be assessed as part of the final report on the application. Those who have lodged a submission will then be advised of the determination.

Submissions may be viewed on the Council’s website on DAs Online, unless the person submitting the submission has requested their submission to remain confidential. If any member of the public has missed the advertising period (due to holidays or illness, for example) they can make other arrangements with Council to view the plans and make a submission.

The Development Assessment Liaison Officer can offer advice in these circumstances. However, comments can only be considered if they are received before the Council makes a decision on the application.

Once a decision has been reached on your application, the applicant, and any members of the public who have made a submission, will be advised in writing of the decision.

Development consent details are published in the Manly Daily. In addition, Consents of Development Applications lodged after July 1 2005, are also available to download using our DAs Online System at www.warringah.nsw.gov.au .

If your application is approved, you will be advised in writing that your Development Consent is ready to be collected from Planning & Assessment Enquiries at the Customer Service Centre. When collecting your Consent please ensure you bring appropriate identification along with your original letter. If someone other than the applicant is collecting the consent, they will require a signed letter from the applicant granting approval for that person to collect their consent. The person collecting the consent must also bring along identification.

If you wish to change or delete a condition of Development Consent or amend details on your approved plans, you will need to seek a modification of your Development Consent. To do this, you will be required to lodge your application under Section 96 of the Environmental Planning and Assessment Act 1979.

To qualify as a modification, the development must be substantially the same development as originally granted consent. You are encouraged to contact Council to discuss the modification prior to lodgement.

Proposed modifications will need to be re-assessed by Council the majority of these have to be notified and/or advertised. You must therefore allow for sufficient processing times.

To lodge a Modification of Consent, you must complete an application form (Application to Modify a Consent or Section 96) and outline the modification on your plans and in writing. Fees apply for the application as well as for notification and/or advertising.

Please make an appointment with our Quality Development Applications Officer before lodging your application.

The Quality Development Applications Officer will be able to assist you with any queries relating to the lodgement of your Modification of Consent (Section 96) the Quality Development Applications Officer can be contacted on (02) 9942 2749.

If you have already obtained your Construction Certificate and you seek a Modification of Consent, you will also have to modify your Construction Certificate in accordance with the conditions of Development Consent. For more information regarding this, contact the authority, which issued your original Construction Certificate.

If you have already commenced works and you decide to make changes, you must firstly notify your Principal Certifying Authority (PCA).  It is unlawful to undertake works that are different to your Development Consent.  Council has an enforcement policy and you run the risk of receiving a fine, a notice and an order.

The Statement of Environmental Effects is a report that explains your proposal in detail. It includes written information about your proposal, which cannot be easily shown, on plans and drawings. It must address and explain compliance with the Warringah Local Environmental Plan 2000 and any other planning controls that are applicable. The likely impacts of the development proposal and how you will minimise these must also be discussed.  All Development Applications lodged with Warringah Council require a Statement of Environmental Effects.

Information which may be required, if it is not already part of your Development Application (DA), may include:

The DA checklist attached to the application form includes an outline of the issues which may be addressed. The amount of detail required depends on the scale of your proposal.

If your proposal does not comply with any built form controls of the Warringah Local Environmental Plan 2000 (WLEP2000) you will be required to lodge a Clause 20 variation statement with your Development Application. This statement must justify in detail why the Council should consider approving your development when it does not comply with the controls. For more information on this refer to Clause 20 of WLEP2000.  Please note that a detailed justification does not guarantee approval.  If you need further advice, contact Planning & Assessment Enquiries staff at the Customer Service Centre.

Additional reports by qualified consultants may be required if your property has special characteristics, eg. flood prone, bushfire, threatened species, landslips etc. or your development potentially creates impacts eg. traffic, storm water disposal etc. Furthermore, development identified as Category 3 by Warringah Local Environmental Plan 2000 (WLEP2000) requires additional information as outlined in Schedule 15 of WLEP2000.

Once you have received your Development Consent you need to read the conditions, which will outline what needs to be completed before, during and after construction works. Please see the flowchart located at the back of this booklet, which is also available online and on the back of your Consent folder.

If your approval involves any form of construction works, you will be required to obtain a Construction Certificate (CC) before you commence works. This requirement is mandatory if stated in your Development Consent. A Construction Certificate can be approved and issued by either Council or a Private Accredited Certifier.

If you require a CC you need to appoint a Principal Certifying Authority (PCA).

The PCA may be a Council or a Private Accredited Certifier, either of which will conduct inspections at each required or specified stage of construction, check for compliance during works and issue an Occupation Certificate once the works have been completed.  It is your responsibility to contact a PCA to conduct the mandatory process inspections. If applicants carryout works without the required PCA inspections this may result in difficulties obtaining the required Certification and may result in compliance actions against you. It is also the responsibility of the PCA to investigate any complaints from the public concerning the development.

For advice on Certifiers, visit the Department of Planning’s website at www.bpb.nsw.gov.au or telephone (02) 9895 5950.

The State Government, through the Department of Planning, has set up a system, which allows certain professionals e.g. Structural Engineers and Building Surveyors, to become Private Accredited Certifiers. The certifier can perform some of the roles previously done by Councils, such as issuing Construction Certificates, Strata Certificates, Complying Development Certificates, Component Certificates and Occupation Certificates.

To obtain a list of Private Accredited Certifiers, visit the Department of Planning’s website at www.bpb.nsw.gov.au or telephone (02) 9895 5950. Please note that Council does not keep a list or recommend any private certifiers.

Your conditions of consent will outline fees that are required to be paid prior to the issue of a Construction Certificate. These may be, but are not limited to:

        *    Section 94A Developer Contributions

        *    Road/Kerb Inspection Fees

In addition, and if required by your consent, you will be required to pay:

For enquiries regarding fees please contact the Council’s Customer Service Centre, Planning and Assessment Enquiries. Council’s fees and charges are reviewed annually and statutory fees my change at any time. Please note that if you use a Private Accredited Certifier as your Principal Certifying Authority, or to apply for a Construction Certificate or Complying Development Certificate, the certifier sets the fees, which may differ from those charged by Council.

To see the current fees charged by Council please see Council’s Fees & Charges which are available online or by calling Council’s Customer Service Centre on 9942 2111.  Please note that the Council has no authority or control in relation to a Private Accredited Certifier’s fees and charges.

A Construction Certificate certifies that:

A Construction Certificate can be obtained from Council or a private Accredited Certifier. You may lodge your Construction Certificate with the Council, but there is no requirement to do so.

a)    If you choose to obtain your Construction Certificate through the Council, please make an appointment with our Quality Development Applications Officer before lodging your application. The Quality Development Applications Officer will be able to assist you with any queries relating to the lodging of your Construction Certificate application and can be contacted on 02 9942 2749.

b)    If you choose to obtain your Construction Certificate through an Accredited Certifier contact Department of Planning for advice or visit their website www.bpb.nsw.gov.au

If the Construction Certificate is issued by an Accredited Certifier, a copy of the Certificate, associated plans and specifications must be forwarded to Council within two days of issue and include an administration fee. This is in accordance with the provisions of the Environmental Planning and Assessment Act (1979).

What information is required for a Construction Certificate?

Typical information required for a Construction Certificate is structural engineering details and specifications.

a)    If you choose to lodge your Construction Certificate with Warringah Council, the appropriate forms and checklist of information to be submitted is available on our website, or you can contact Council’s Customer Service Centre, Planning and Assessment Enquiries. It is required that you contact council to book an appointment to lodge the application (ph: 9942 2749) and it is essential that you ensure all required information is included in your application to Council.

b)    If you choose to obtain your Construction Certificate through an Accredited Certifier you will need to contact them as to their requirements as they will vary depending on the certifier.

a)    If you lodged your Construction Certificate application with Council, you will receive a letter stating that the Certificate is ready to be picked up from the Council’s Customer Service Centre. The applicable fees will be payable at time of collection.

b)    If you choose to obtain your Construction Certificate through an Accredited Certifier, the Construction Certificate must be lodged with Council within two days of issue and a lodgement fee must be paid.

Note: Neither Council nor an Accredited Certifier can issue a Construction Certificate until the correct fees are paid as per the Development Consent.

Your conditions of Development Consent may advise you that you need to appoint a Principal Certifying Authority (PCA).  Either Council or a Private Accredited Certifier can act as your PCA and oversee the construction or subdivision process.

The role of the PCA is to:

You must notify the Council by submitting a “Notice of Commencement of Building or Subdivision Work and Appointment of Principal Certifying Authority” form to Council at least 48 hours prior to commencing work.

The Development Consent will outline inspections to be carried out. These inspections are determined by the level of information submitted in your Development Application and are subject to change depending on the scope of work. The number of inspections required will be reviewed as part of your Construction Certificate and are then determined by your nominated Principal Certifying Authority (PCA).

Each stage or component must be inspected and accepted as satisfactory before you proceed with the next stage.

If you do not have these inspections, the PCA can refuse to issue an Occupation Certificate, which will prevent you occupying or using the completed building.

Critical stage inspections may include:

• Prior to commencement of building works

• Footings

• Slab and other steel reinforcement

• Framing (including floor)

• Wet area water-proofing

• Stormwater

• Final

a) If you choose to nominate Warringah Council as your PCA, the inspection fees must be paid at the time of lodging the Notice of commencement or PCA form. To book an inspection contact Council’s Customer Service Centre. An inspection request form will be completed and passed on to the relevant Council Inspection Officer for your area. The Inspection Officer will contact you to arrange a mutually convenient inspection time.  Please allow a minimum of two working days from booking your inspection to the carrying out of the inspection. However, Council would prefer you contact us about five days prior to assist in making sure all files and documentation are available for the inspection to take place.

b) If you nominate a Private Accredited Certifier as your Principal Certifying Authority, you will need to contact them to arrange an inspection at the required stages.

Your Development Consent will outline conditions that are required to be completed prior to the commencement of works.

If stated on your Development Consent, at least 2 days prior to work commencing on the site Council must be informed. The submission of a Notice of Commencement in Accordance with Section 81A of EP & A Act 1979 must be made giving the name and details of the Principal Certifying Authority (PCA) and the date construction work is proposed to commence.

a)    If you choose to nominate Warringah Council as your PCA, the inspection fees must be paid at the time of lodging the Notice of Commencement or PCA form. Your conditions of Consent will outline which inspections apply if Council is nominated as the PCA. The numbers of inspections listed will be determined by the level of information in your Development Application and are subject to change depending on the scope of work.

b)    If you nominate a Private Accredited Certifier as your PCA, you will need to ensure that they have lodged the Notice of Commencement or PCA form with Council, 48 hours prior to commencement of works.

You must build or use a building in accordance with the approved plans and conditions of Development Consent.  Council has adopted a ‘minimal tolerance’ approach to compliance with development controls. If you cannot comply with your Development Consent for whatever reason you must contact Council before proceeding with the work.

Retrospective approval cannot be given for any building work started and or completed without Development Consent or a Construction Certificate.  Construction Certificates issued in contravention of Development Consents may be declared invalid.  It is important to note that unauthorised work may lead to you being prosecuted and / or ordered to demolish the unauthorised work.  On-the-spot fines may also apply.

If you wish to make changes to your development you will need to make a formal application before carrying out the proposed work. (See What if I want to change my consent?)

You must contact your Principal Certifying Authority (PCA) to arrange a final inspection. Your PCA will not be able to issue a satisfactory final inspection until:

If you receive a satisfactory final inspection report, and if required by your Development Consent, you must apply to your PCA for an Occupation Certificate.

An Occupation Certificate may be issued by the PCA on completion of the development.

This certifies that all works have been completed in accordance with the Development Consent conditions, approved plans and health and safety provisions of the Building Code of Australia. Please note that it is illegal to occupy or use a building or structure without an Occupation Certificate.

If you are using a Private Accredited Certifier for your PCA, they must give Council copies of any Occupation Certificates issued and relevant documents accompanying the Occupation Certificate.

Flowchart: After D.A. Consent Process

Warringah Council Customer Service Centre  725 Pittwater Road, DEE WHY NSW 2099 (02) 9942 2111

Email: council@warringah.nsw.gov.au  Website: www.warringah.nsw.gov.au