Frequently Asked Questions

A Development Application has a strict cover sheet and reference list, and a missing attachment gets a submission bounced back before anyone reads it properly. Under the Environmental Planning and Assessment Regulation 2021, every DA must be lodged in the approved form on the NSW Planning Portal and include, at minimum: the approved application form, scaled site plans, floor plans and elevations, a Statement of Environmental Effects (SEE) (clause 17 and Schedule 1), a BASIX certificate if the project is a new dwelling or alterations/additions of $50,000 or more (clause 27), a survey plan, and any specialist reports your site triggers - bushfire, heritage or flooding.

Source: Environmental Planning and Assessment Regulation 2021 (NSW), Part 3, ss 17, 27, 31 and Schedule 1; NSW Department of Planning, Housing and Infrastructure application requirements guide.

Once lodged, council assesses your DA under section 4.15 of the Environmental Planning and Assessment Act 1979 - the single most important section in NSW planning law. It requires the consent authority to weigh every relevant LEP and SEPP, the DCP, the likely impacts on the surrounding area, whether the site actually suits what you are proposing, any public submissions, and the public interest. This is a merits assessment, not a checklist: two similar applications on similar sites can get different outcomes depending on the assessing officer and how well the case is argued. A neighbour's submission must be considered under s4.15(1)(d), but it is not a veto.

Source: Environmental Planning and Assessment Act 1979 (NSW), s 4.15; NSW Department of Planning, Housing and Infrastructure practice note, "Assessment of impacts under section 4.15" (Dec 2025).

BASIX (Building Sustainability Index) is a mandatory online assessment checking your design against NSW's minimum water, energy and thermal-comfort targets, required under the State Environmental Planning Policy (Sustainable Buildings) 2022 for every new residential dwelling, for alterations/additions of $50,000 or more (lowered from $100,000 on 1 October 2023 - an older figure quoted anywhere is out of date), and for pools or spas of 40,000 litres or more. You cannot lodge a BASIX-triggered DA or CDC without a valid certificate.

Source: State Environmental Planning Policy (Sustainable Buildings) 2022 (NSW); Environmental Planning and Assessment Regulation 2021 (NSW), s 27.

A DA works within your land's existing zoning and standards and is assessed under Part 4 of the EP&A Act. A planning proposal is a completely different process - a formal request under Division 3.4 of the Act to actually change the Local Environmental Plan itself (rezoning, a higher height limit, a new permitted use), gated by a Department "Gateway determination" before it can go to public exhibition. A planning proposal does not give you permission to build anything - even a successful one still needs a separate DA afterwards. Private landowners cannot lodge one directly; council (or occasionally the Department) has to sponsor it, and the process typically takes 12 to 24+ months.

Source: Environmental Planning and Assessment Act 1979 (NSW), Division 3.4, ss 3.33-3.34.

Yes - demolition is development in its own right. As part of new construction it is usually rolled into the same DA or CDC. Minor structures can often be demolished under the exempt development pathway (clause 2.25 of the Codes SEPP), provided the work complies with AS 2601-2001 regardless of the pathway. None of the exempt routes apply if the building is a heritage item or in a heritage conservation area - demolition there almost always needs a full DA. If asbestos is involved (most pre-1990s homes have some), separate SafeWork NSW and EPA waste-disposal obligations apply on top of your planning approval.

Source: State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (NSW), cl 2.25-2.26.

Yes - one of the genuine fast-track options in NSW planning. Granny flats (secondary dwellings) are governed by the State Environmental Planning Policy (Housing) 2021. Meet its fixed standards and a private certifier can issue a CDC with no council merit assessment: maximum internal floor area of 60m2 (carport, porch and covered outdoor living area sit in separate size caps), minimum lot size of 450m2 with a 12-metre frontage, one secondary dwelling per lot, and a maximum building height of around 8.5 metres. A compliant CDC typically issues in around 20 business days versus 60-120+ for a DA.

Source: State Environmental Planning Policy (Housing) 2021 (NSW), Chapter 3; NSW Planning Portal granny flats guidance.

Often not, but it depends entirely on your site and design. A pool can be exempt development if it meets every setback, fencing/child-safety (Swimming Pools Act 1992) and size standard in the Codes SEPP and is not on excluded land (heritage, acid sulfate Class 1/2, flood or bushfire-prone). Slightly outside those limits, it can still qualify for a CDC. Only a pool that fails both - too close to a boundary, significant excavation or retaining - needs a full DA. BASIX applies regardless to any pool of 40,000 litres or more.

Source: State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (NSW); Swimming Pools Act 1992 (NSW).

Fees councils charge new development to help fund the extra roads, parks, drainage and community facilities it creates demand for, sitting in Division 7.1 of the EP&A Act (previously s94/s94A before a 2018 renumbering). Section 7.11 contributions are tied to a documented nexus - council must prove your project creates the need for specific listed infrastructure. Section 7.12 levies are a simpler flat percentage of estimated cost, generally capped at 1% above $200,000 (0.5% for $100,001-$200,000). These are payable as a condition of consent, usually before the construction or occupation certificate, so you can be fully approved and still receive a bill running into tens of thousands before you can start.

Source: Environmental Planning and Assessment Act 1979 (NSW), ss 7.11, 7.12.

Yes, but expect a more rigorous process and budget more time and money for it. Clause 5.10 of the Standard Instrument LEP requires development consent for a broad range of works on an individually listed item or inside a Heritage Conservation Area - not just demolition, many alterations too - and council must specifically consider the effect on heritage significance. In almost every case you need a Heritage Impact Statement from a qualified heritage consultant. Properties on the State Heritage Register also need Heritage Council of NSW approval under s60 of the Heritage Act, on top of your council DA. A poorly prepared Heritage Impact Statement is one of the most common reasons for refusal on heritage sites.

Source: Standard Instrument (Local Environmental Plans) Order 2006 (NSW), cl 5.10; Heritage Act 1977 (NSW), s 60.

A setback is the minimum distance a building must sit back from a boundary - front, side or rear - set out in your council's DCP and sometimes the LEP itself, protecting neighbours' privacy, sunlight, airflow, streetscape and firefighting access. Setback non-compliance is one of the most common reasons for initial DA rejection or an information request. If your design breaches one, your options are to redesign or pursue a Clause 4.6 variation, which is judged on how genuinely the breach affects neighbouring amenity, not on how inconvenient compliance is for you.

Source: NSW Residential Design Manual; relevant council Development Control Plans (setback figures are locally determined).

No. There is no general requirement for neighbours to consent. What the EP&A Act and Regulation require is notification - councils must notify adjoining owners where their DCP requires it and give a window (commonly 14-21 days) for written submissions. Neighbours have a statutory right to make a submission, and council must consider it under s4.15(1)(d), but considering an objection is not the same as being bound by it. Unless your project is designated development, objectors have no formal merit appeal right to the Land and Environment Court if council still approves your DA.

Source: Environmental Planning and Assessment Act 1979 (NSW), s 4.15(1)(d).

A DA approval answers a planning question - is this land use and built form allowed here. A Construction Certificate (CC), under Part 6 of the EP&A Act, answers a technical one: do the detailed engineering drawings comply with the Building Code of Australia and match the consent that was granted. You cannot start physical building work until a CC has been issued, by either council or an accredited private certifier - a DA alone does not authorise construction. A CDC is the exception: it is itself a form of development consent, so no separate CC is needed.

Source: Environmental Planning and Assessment Act 1979 (NSW), Part 6, ss 6.4, 6.10.

From neighbours: privacy loss from new windows or balconies (the single most common complaint), overshadowing, traffic and parking impacts, and bulk/scale out of character with the street. From council's technical review: non-compliance with setbacks, height or floor space ratio without an adequate Clause 4.6 case; incomplete documentation (missing BASIX, weak SEE, absent specialist reports); inconsistency with the DCP; and insufficient stormwater management. A free pre-lodgement meeting with council planning staff surfaces most of these issues before you have spent anything on a formal application.

Source: NSW Department of Planning, Housing and Infrastructure development assessment guidance; council DA refusal statistics published in individual Local Government Area annual reports.

It depends on scale, location and how closely your design matches fixed standards, but expect a full DA for most substantial new warehouses. The Codes SEPP includes an industrial complying development code, but it is tightly bounded - it typically excludes sites with contamination, acid sulfate soils Class 1/2, heritage constraints, hazardous or offensive industry classifications, or land requiring an environment protection licence. Most large-scale warehouse developments exceed CDC eligibility thresholds and go through a standard DA under the relevant IN1/IN2/IN3 zoning.

Source: State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (NSW); Standard Instrument (Local Environmental Plans) Order 2006 (NSW) industrial zone provisions.

Beyond the core DA (or CDC, if eligible) and Construction Certificate, industrial projects commonly need several additional approvals depending on the site and activity: a Statement of Environmental Effects, or a full Environmental Impact Statement if declared State Significant Development; an Environment Protection Licence from the NSW EPA for scheduled activities; a Bushfire Safety Authority from the RFS if on bushfire-prone land; contaminated land assessment approvals if the site has an industrial history; water/trade waste approvals for discharge to sewer; and Transport for NSW concurrence for significant heavy vehicle movements on classified roads.

Source: Protection of the Environment Operations Act 1997 (NSW); Rural Fires Act 1997 (NSW), s 100B; Contaminated Land Management Act 1997 (NSW).

Industrial zones (typically IN1 General Industrial, IN2 Light Industrial, IN3 Heavy Industrial) are drawn tightly because industrial uses can genuinely conflict with each other and with nearby residential or sensitive land - noise, vibration, hazardous materials and traffic all scale up quickly. To determine what applies: check the land use table for your zone in the council LEP (permitted with consent, without consent, or prohibited - the specific defined term matters, not a colloquial description), the LEP's numeric standards (height, floor space ratio, minimum lot size), and the DCP for site-specific controls like setbacks and loading dock requirements.

Source: Standard Instrument (Local Environmental Plans) Order 2006 (NSW); relevant council Local Environmental Plans and Development Control Plans.

Only if your project is declared State Significant Development (SSD). Most standard industrial projects are not, and only need a Statement of Environmental Effects. SSD sits in Division 4.7 of the EP&A Act, with triggers set in Schedules 1 and 2 of the SEPP (Planning Systems) 2021 - common industrial triggers include mining above a $30 million capital investment threshold, certain chemical and manufacturing industries, and major freight/logistics facilities. A declared SSD project needs a full EIS addressing Secretary's Environmental Assessment Requirements, assessed by the Department and determined by the Minister or the Independent Planning Commission.

Source: Environmental Planning and Assessment Act 1979 (NSW), Division 4.7; State Environmental Planning Policy (Planning Systems) 2021 (NSW), Schedules 1-2.

Noise is assessed under the NSW EPA's Noise Policy for Industry (2017), generally requiring a daytime minimum assessment level of 40dB(A), and an acoustic consultant's report is expected for any industrial DA near sensitive receivers. Air quality is assessed against EPA guidelines and licence conditions for anything involving emissions or odour. Water is assessed through stormwater management plans and trade waste approvals, with groundwater monitoring where contamination risk exists.

Source: NSW Environment Protection Authority, Noise Policy for Industry (2017); Protection of the Environment Operations Act 1997 (NSW).

If your industrial site has any history of prior industrial, agricultural chemical or waste-related use, you likely need a staged contamination assessment before development can proceed. The framework sits in Chapter 4 of the State Environmental Planning Policy (Resilience and Hazards) 2021. Council must require a Preliminary Site Investigation (PSI) where the land is in a declared investigation area or history suggests possible contamination. If the PSI flags likely contamination, a Detailed Site Investigation (DSI) follows, and a Remediation Action Plan (RAP) must be prepared if contamination is confirmed at unsuitable levels.

Source: State Environmental Planning Policy (Resilience and Hazards) 2021 (NSW), Chapter 4; Contaminated Land Management Act 1997 (NSW).

Industrial DAs generating meaningful vehicle movements need a Traffic Impact Assessment, and heavy vehicle access must comply with AS 2890.2, which sets swept-path and turning-circle requirements so trucks can enter, manoeuvre and exit without encroaching on public roads. Where the site fronts a state or classified road, Transport for NSW typically becomes a concurrence body, and their Guide to Traffic Generating Developments informs the trip-generation assessment expected in your report.

Source: Australian Standard AS 2890.2; Transport for NSW, "Guide to Traffic Generating Developments".

Industrial site plans need to demonstrate compliance against the same core categories as any DA, scaled to industrial context: setbacks (front, side and rear, typically larger than residential to allow truck movement and landscaping buffers), maximum height and bulk controls set in the LEP, and site coverage/hardstand limits. Plans must also show loading dock locations and swept paths, on-site car parking against the DCP's industrial rate, and stormwater detention infrastructure. Buffer setbacks to adjoining residential or sensitive zones are one of the most commonly underestimated controls and can significantly reduce your buildable envelope.

Source: Standard Instrument (Local Environmental Plans) Order 2006 (NSW); relevant council Local Environmental Plans and Development Control Plans.

Both are entirely site-specific - check the mapping for your exact address before assuming either way. Most councils include an Acid Sulfate Soils clause requiring consent for excavation or drainage works on mapped land, classified Class 1 (highest risk) to Class 5 (lowest). If mapped and your works exceed the minor-disturbance exemption, you need an Acid Sulfate Soils Management Plan. If your site is on the Bush Fire Prone Land Map, development must comply with the RFS's Planning for Bush Fire Protection 2019 standards, generally requiring a bushfire assessment report addressing Bushfire Attack Level ratings. Both maps are checked in minutes via the NSW Planning Portal Spatial Viewer.

Source: Standard Instrument (Local Environmental Plans) Order 2006 (NSW), cl 6.1; Rural Fires Act 1997 (NSW), s 100B.

An easement is a legal right for someone else - another landowner or a utility authority - to use a defined part of your land, most commonly for drainage, sewer, power or telecommunications infrastructure. Easements are registered on title and run with the land, binding you even if you did not personally grant them. You generally cannot build over a registered easement without the written consent of the benefiting authority, and even where consent is possible it often comes with structural conditions. Large-footprint buildings and hardstand areas are exactly the kind of development most likely to clash with a buried easement - order a full title search before finalising your site layout.

Source: Real Property Act 1900 (NSW); Conveyancing Act 1919 (NSW).

Generally no - BASIX is a residential-only sustainability tool and does not apply to commercial or industrial buildings. If a site includes a genuinely residential component (an on-site caretaker's dwelling, for example), that specific component could trigger BASIX independently, but the industrial building itself never does. The broader Sustainable Buildings SEPP does impose its own, separate non-residential requirements (embodied emissions disclosure) on qualifying applications, so "no BASIX" does not mean no sustainability paperwork at all.

Source: State Environmental Planning Policy (Sustainable Buildings) 2022 (NSW).

Council attaches conditions of consent under section 4.17 of the EP&A Act, covering staging of works, construction and operational hours, noise limits (often referencing Noise Policy for Industry assessment levels), stormwater requirements, landscaping and buffer maintenance, and monetary contributions. Non-compliance with a condition - an operating noise limit, say - is a genuine, separately enforceable breach of your development consent, quite apart from any EPA licence conditions that might also apply.

Source: Environmental Planning and Assessment Act 1979 (NSW), s 4.17.