Once you have established the work that you wish to undertake on your site, you can then establish the type of development the work is, in order to get the appropriate approval. The explanation below provides a brief understanding of the possible development types.
Certain forms of low-impact development may be exempt from the need to obtain planning or construction approval. If certain development standards are met, specific types of development can be built without needing to be approved by either the local council or an accredited certifier. However, other legislation requirements for approvals, licences, permits and authorities may still apply.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) specifies the type of development which are exempt development. It typically covers small scale structures that will have minimal impact on the local environment (eg; garden sheds, carports, decks, pergolas rainwater tanks,etc). If your proposed development complies with the requirements for each exempt development type in the
(new window), you do not need approval from Council.
Development which does not fall within the listed exempt development criteria requires a complying development certificate or development consent.
Complying development (as itemised in the State’s Codes SEPP), is development that is considered to be predictable in its environmental impact and is therefore of minor consequence. If your proposed development satisfies the complying development requirements of the
(new window) you can apply for a complying development certificate from Council or a qualified professional in the private sector (known as a Private Certifying Authority).
Complying development certificates are issued within ten (10) working days.
Not all sites are suitable as Complying Development, for example land within a heritage conservation or in a foreshore area.
There is no requirement under the Codes SEPP to notify neighbours about a proposed complying development prior to the issue of the complying development certificate.
Council’s Development Control Plan (DCP) 89 – Exempt and Complying Developments, is still operational until 1 September 2011. Until this date, for complying development applications, you are able to choose complying development provisions either from Council’s DCP 89 or the Codes SEPP.
To determine if your property is suitable for the Codes SEPP, Council suggests that you apply for a Section 10.7 certificate which will provide this information.
If the work you wish to undertake is neither exempt nor complying development, your works will most likely be a local development. If this is the case, then you will need to lodge a Development Application (DA) with Council.
involved in lodging a DA.
Joint Regional Planning Panels
The Regional Panels consist of members appointed by State Government and Local Council. The Panels have been established to provide independent, merit-based decision-making and advice to the Minister on regionally significant development proposals.
The types of development that are identified as applications to be assessed by the Joint Regional Planning Panel are identified in
State Environmental Planning Policy (Major Development) 2005
(new window) - refer to Part 3 Regional Development.
Detailed information about the functions and operations of the Regional Panels is available on the
Joint Regional Planning Panels
website (new window).
Applications within the Shoalhaven Local Government Area (LGA) that will be determined by the Joint Regional Planning Panel (JRPP) – Southern Region, are available on the
JRPP Development Register
Details about Regional Development Applications (DAs) being lodged with and assessed by Shoalhaven City Council are available from Council’s
site by searching by DA number, date range or address.
Notice of Southern Region JRPP meetings to determine the Regional DA, applying to the Shoalhaven LGA will be displayed once the JRPP announces the meeting details of the relevant application hearings.
Major project assessments - Part 3A
The NSW Government has announced that Part 3A of the Environmental Planning and Assessment Act 1979 will be repealed. As such, transitional arrangements will be required for those projects which are already in the major projects assessment system under Part 3A.
For further information visit the
Department of Planning and Infrastructure website (new window).
A customised development application kit has been prepared for Jerberra Estate to assist the development application process. The kit includes:
- Jerberra DA checklist
- Development Application form which includes a "Waste Minimisation and Management Plan" and "Political Donations and Gifts Disclosure" form
- Jerberra "Statement of Environmental Effects (SEE)" form
- Drainage Application form which must be completed for the on-site management system and the stormwater infiltration trench
- A sample "Sub-surface Effluent Layout Diagram"
- Council's policy "Stormwater Protection on Construction Sites" which includes a sample "Erosion and Sediment Control Plan"
Checklist and forms can be printed out and completed or completed electronically. Other information, including Development Control Plan (DCP) 125 is available here