- What can I build on my property?
- Can I subdivide my property?
- Do all developments require council approval?
- What is a DA and why do I need one?
- What information do I need to submit a DA?
- How much will it cost to lodge a DA?
- What happens after I lodge my application?
- What if I am unhappy with Council’s determination?
- What happens after DA consent is granted?
- What if I want to change my approved plans?
- What do I have to do if I am building in a bushfire prone area?
- What does it mean if my application is classified as integrated development?
- What happens to my comments on DAs?
- What are the issues that Council look at when making a decision on a DA?
- Who determines if a DA is approved or refused?
- What are the rights and responsibilities of the applicants?
- What are the rights and responsibilities of those who make submissions?
- What are the rights and responsibilities of the Council?
- Does Council provide any assistance or advice?
- Where do I find out about DAs that are currently on exhibition?
- How do I find out about the progress of my DA?
- When and how do I get my bond/deposit back?
The first step is to determine what zoning your property falls under. Check our land zoning maps.
Next is to check what the permissible developments are permitted under the zone of your property. This information is in the Ryde Local Environmental Plan 2010 under the heading Land Use Table.
Once you decide what permissible use you are developing on your property, you will need to check the guidelines and controls. A development may be permissible under the zone of your property, but your property may not comply with the controls for that development. All our guidelines and controls are in the Ryde Development Control Plan 2010.
You will need to check the Ryde Local Environmental Plan 2010 under Principal Development Standards to determine if the subdivision you want to do is permissible.
Developments can be carried out as:
- exempt development (no approval required)
- complying development (strict requirements, 10 day approval process from a certifier)
- a local development whereby a development application is required (neighbour notification is required in most instances and assessment is merit based).
The onus is on the proponent to determine what type of development it falls under. For more information on exempt and complying development, go to the [[NSW Housing Code]] page.
A Development Application (DA) is an application made to Council seeking consent to carry out development including construction, demolition, change of use of a property or premises, display of advertising, subdivision or making alterations or additions to a property.
The DA is required so that Council can assess the likely impacts of the proposal and ensure that the proposal:
- is a permissible and appropriate use of the site according to its zoning
- complies with the provisions of the Environmental Planning and Assessment Act 1979
- complies with the provisions of the Ryde Development Control Plan 2010 and any other relevant planning controls for the site
- has no detrimental environmental impacts upon the locality
- has no adverse impact upon adjacent and neighbouring properties.
The requirements for DA submission are set out in the Development Application Info Package .
Submission of the DA must be accompanied with the relevant fees in accordance with Council’s Management Plan. Fees are calculated on a scale based on the contract value of the work or the market value of the labour and materials needed to complete the work including GST.
Before formally submitting the DA, it is advisable that you contact Council’s Building and Development Advisory Service to discuss your application with a member of the team.
Council will not accept illegible and/or incomplete applications.
DAs must be accompanied with the relevant fees in accordance with Council’s Management Plan. Fees are calculated on a scale based on the contract value of the work or the market value of the labour and materials needed to complete the work including GST. Fees for development applications are determined on the estimated cost of works.
Council uses industry cost indicators to estimate the construction costs for a variety of developments. This may not necessarily reflect the actual cost of your development, for example, you may source materials free or second-hand. The guide below explains how Council determines the 'estimated cost of works':
Please contact the Ryde Planning and Business Centre on 9952 8222 for a quote on the fee. Ensure you have the address of the property, proposal outline and value of work when you call. Any changes to the proposal and/or value of work will change the quote.
Most DAs follow similar steps during processing, so this guide applies to the majority of applications.
Please note that this is an indicative guide only, and that these steps do not necessarily occur one after the other.
The application will be reviewed by the Pre-Assessment Team, generally comprised of Client Managers, Planners, Building Surveyors, Development Engineers and other senior staff. A preliminary assessment of the application is done to ensure that the information provided complies with Council, and that the quality of the plans is sufficient. If there are any noticeable problems with the application, the applicant will be notified, usually in writing within seven days. This may delay the processing of the application if there is insufficient information provided to commence the assessment.
Notification and Submissions
An application is notified for a period of generally a minimum of 14 days (up to 28 days) and 21 days (up to 42 days). During the notification period members of the community are entitled to make submissions about the proposed development. Also copies of the application including plans are available for viewing at the Customer Service Centre.
Some applications may not be notified depending on the nature of the proposal.
If an application is amended before a determination is made, the changes may require re-notification and be subject to a re-notification fee. Further information regarding notification requirements are contained within Section 2.1 of the Ryde Development Control Plan 2010 (337 Kb).
Many applications will require input from specialists within Council. If this is the case the application will be referred to the relevant department e.g. Landscape Architect, Health Officer, Building Surveyor, Development Engineer or Drainage Engineer. Comments provided are included as part of the overall assessment of the application.
If the application is classified as integrated development under Clause 91 of the Environmental Planning and Assessment Act 1979, or if it involves land associated with a public authority it may also be forwarded at this time to the relevant additional public authority for their consent or agreement.
When the notification period has finished the assessing officer will commence assessing the application. The officer will review all plans and supporting documentation, conduct a site inspection, review any submissions made, consider statutory requirements and compliance with relevant planning controls, and complete an assessment report. During this time the applicant will be advised of any issues and may be requested to consider making amendments to the DA.
Assessment officers can be contacted via phone through the Ryde Planning and Business Centre between 3pm - 4.30pm Monday to Friday. Please note that the officer will be dealing with a number of applications at any one time.
The DA may be determined under delegated authority or dependant on the nature of the application, the submissions received and/or variations to Council’s codes, the application may be forwarded to the Council for determination.
If the application is forwarded to Council for determination, a report will be put forward for consideration by the Planning and Environment Committee, and then a recommendation made to be considered at a Council Meeting. For further information, see the Attending and Participating in a Meeting page.
You will be advised in writing of the determination of your application. If your application is granted approval, you will be sent a copy of the development consent including conditions of consent and stamped approved plans. Should your application be refused, a refusal notice will be issued advising of the grounds for refusal.
All enquiries in relation to your application can be made by contacting the Ryde Planning and Business Centre on 9952 8222. You can also track the progress of your application online. Go to the DA Tracking page.
Applicants who are not satisfied with the determination of a DA can apply to Council to review the determination under Section 82A of the Environmental Planning and Assessment Act or submit an appeal to the Land and Environment Court.
Once development consent is granted, the applicant may be required to apply for and receive a Construction Certificate before works or the use can commence. The consent will state whether a Construction Certificate is required. Works that would normally not require a Construction Certificate are generally demolition applications and applications for change of use of a shop or office where there are no works proposed as part of the application.
A Construction Certificate can be obtained either from Council or an Accredited Certifier (private certifier). The requirements for a Construction Certificate application to Council are set out in the Construction Certificate Application. A listing of Accredited Certifiers can be obtained from the Building Professionals Board of NSW.
Application for a Construction Certificate from Council
To obtain a Construction Certificate from Council, fill in the Construction Certificate Application . The form includes a checklist of what is required to apply for a Construction Certificate.
The timeframe for issuing a Construction Certificate will vary upon the quality of the information/drawings/specifications provided and the complexity of the development. The Environmental Planning & Assessment Act specifies that Council should determine an application for a Construction Certificate within:
- 40 days (if lodged on or before the date upon which the DA is determined)
- 60 days (if lodged on or before the date upon which the Integrated Development Applications or designated development is determined)
- 28 days (if lodged after the DA is approved)
Commencement of Work
Prior to the commencement of work, applicants must appoint a Principal Certifying Authority (PCA). This can be Council or a private certifier. If you have appointed a private certifier, Council must be advised in writing of who has been appointed.
All developments, regardless of who is appointed the PCA, must give seven days notice in writing of their intention to start demolition work and two days notice in writing of their intention to start construction work. This includes demolition applications where there is no Construction Certificate or PCA appointed.
There is a mechanism in the Environmental Planning and Assessment Act that allows development consent to be modified, as long as the development is substantially the same. To lodge a modification, fill in the Section 96 - Application to Modify Development Consent form.
If Council is not convinced that the modifications applied for will result in substantially the same development as was originally approved, a new development application will need to be submitted for assessment.
Any changes that arise as a result of the on-going construction or before the construction has commenced must be approved before the modifications/changes are made on site. Even if the changes mean that the construction will have a better design outcome, approval must be granted from Council before the changes can be made. Therefore Council strongly recommends that prior to any changes being made on site, that the applicant consult with Council.
The applicant will need to visit Ryde Planning and Business Centre, bringing with them a copy of the approved plans and a rough draft of the proposed changes. This should be done as soon as the changes on-site are apparent.
Examples of changes that need to be approved before the works are commenced include (but are not limited to):
- window and door location and size changes
- roof pitch and roof material changes
- an increase or decrease in the floor area of the development
- additional excavation (ie. creation of a sub-basement level)
- changes to pool location and/or capacity
- facade changes
A Section 96 - Application to Modify Development Consent application should not be lodged for works or amendments already carried out. In some circumstances this may be permitted in conjunction with a building certificate. The applicant will need to contact the Ryde Planning and Business Centre.
Go to the Bushfire Prone Areas page.
Integrated development is development that in order for it to be carried out, requires development consent from one or more of the State Government agencies.
Council must refer integrated developments, to the relevant government agency, eg. RTA, Department of Land and Water Conservation or Heritage Office. The comments of the agency are binding on Council:
- if the agency objects, the application must be refused
- if the agency requests conditions of consent be included in the consent, Council must include those conditions of consent.
Council may refuse an application eventhough the state government agency does not object.
The applicant is required to provide an additional three copies and pay an additional fee of $110 to Council and $320 per agency (or lesser amount, as notified by the agency, payable to the relevant authority) for Integrated Development Applications. Council forwards the $320 to the Government Agency on behalf of the applicant.
All written comments received by Council must be considered before a decision can be made about the application. Your comments in relation to rezoning and DAs will be publicly accessible.
This depends on the proposal. Council must take into account state and local planning instruments and policies such as:
Ryde Local Environmental Plan
State Planning Policies
NSW Local Government Act
NSW Environmental Planning and Assessment Act
Building Code of Australia
Development Control Plans
A decision must also take into account other factors such as:
case law precedents
traffic and highway safety issues
layout and design of proposed developments
potential noise and smells
trees and landscaping proposals
the amenity of neighbours.
The State Government and the Courts have ruled that the Council must not allow certain issues to influence its decision. These include:
loss of property value
loss of view over other private land
boundary or access disputes
the applicant’s motives
possible future proposals
matters covered by other laws
There are three levels in which a DA can be determined:
Council Staff – Delegated Authority
Council officers have powers given to them by the elected Council to decide certain applications. The majority of applications are approved or refused under this delegated authority. Applicants would be advised in writing if their application is to be decided under delegated authority.
Planning & Environment Committee
If an application is not to be decided by an officer, then an assessment report is written for the Planning and Environment Committee. The assessment report will include a recommendation from the assessing officer to either approve or refuse the application. The Committee can choose to disregard the officer’s recommendation.
Decisions can be referred to a full Council meeting. NSW law permits other bodies to determine development applications. They are:
NSW Joint Regional Planning Panels
NSW Planning Assessment Commission
NSW Department of Housing
It is the applicant's responsibility to:
prepare a development application in accordance with council standards
obtain copies and read all relevant codes and policies
make the development proposal as clear as possible for the council and community to understand the possible impacts (e.g. colour plans, drawing, photomontage, models)
provide all necessary copies of documents and plans
consider the impacts on the environment and people living in the vicinity of the development
ascertain whether the development is an integrated development
fully complete all forms
ensure that all information provided is correct
seek their own legal advice
be concise when appearing at a committee of council to present their case in a reasoned and sound manner without attacking individuals, such as councillors, staff, or objectors.
Applicants have the right to:
have their applications assessed in an impartial unbiased manner
have their applications assessed in a reasonable period of time
have the receipt of the application acknowledged
be kept informed of the progress of the assessment
appeal to the Land and Environment Court if they are unhappy with the decision
receive clear and understandable decisions of Council
view submissions and comment on those submissions view Plans, Codes and Policies.
It is the submitter's responsibility to:
make the submission in writing
make clear the grounds of the submission and the application to which the submission relates (e.g. including LDA number and property address)
ensure that submissions are based on facts and not the persons involved
become informed of the application by viewing the plans and supporting information
lodge the submission with Council within the period specified in the notice or advertisement
when making a verbal submission to the Committee, to be concise and not merely repeat the content of the written submission, and to be respectful of the Councillors, other submitters and the applicant.
Submitters have the right to:
make a written submission and have that submission considered by Council if it is received by Council before it makes the decision
view the application during office hours and obtain copies of the application form and any notification plans (subject to the payment of the required fee)
view any other submission made about the application and obtain a copy of the submission (subject to the payment of the required fee)
request the opportunity to address the relevant Council Committee when and if it considers that application.
It is Council's responsibility to:
assess DAs for which it is the Consent Authority
enforce State Laws (e.g. EP & A Act, State Environmental Planning Policies (SEPP), State Regional Environmental Policies (SREP) even when it disagrees with the intent of the law
enforce its own local laws, e.g. the Ryde Local Environmental Plan (LEP) and related Development Control Plans (DCPs)
provide accurate advice about its own laws
make a balanced assessment of an application without regard to the particular persons involved
ensure that its decisions and the reasons for its decisions are clear and understandable
acknowledge applications and refer them to relevant authorities as quickly as possible
notify people that Council believes may be affected by a development proposed by an applicant
decide an application by either, approving it with or without conditions, or refusing it
advise applicants and submitters as soon as possible after it makes its decision
advise the applicant and submitters of their rights and responsibilities
maintain a record of approvals, which are publicly available to view free of charge
make a decision about an application as quickly as possible, but without undue haste
acknowledge receipt of submissions and answer questions raised in submissions
take reasonable steps to keep applicants informed of the progress of their applications
ensure that people who have an interest can view an application any time during office hours up to when the application is decided
consider every submission in the assessment of a development application, which is received up to the time, the application is decided
decide applications in accordance with the advice of referral authorities in relation to Integrated Development Applications and the concurrence authority in relation to a concurrence application.
Council has the right to:
reject applications, which are unclear or incomplete
request further information
request additional copies of supporting information when copies need to be sent to other authorities
request amendments to development applications so that they comply with local environmental standards
require submitters and the applicant to attend a mediation meeting prior to deciding the application.
Go to the Building and Development Advisory Service page.
Go to the DAs on Exhibition page.
Go to the DA Tracking page.
All refunds come in the form of a cheque that is sent in the mail. It will be issued to the payee and address that is on the original receipt it was paid on.
Most refunds follow similar steps during processing, so the guide below applies to the majority of refunds:
Notes of the infrastructure (driveway/footpath/naturestrip/gutter crossing) inspection prior to works are located
An infrastructure (driveway/footpath/naturestrip/gutter crossing) inspection post-works is then carried out and notes are taken
A comparison of notes is undertaken
A report is created and is referred to the manager of the department
The manager signs off the report
A memo is sent to Council’s Finance department to create the cheque
The Finance Department issues the cheque. (Please note: Council’s cheque run happens once a week)
Please Note: This is an indicative guide only, and that these steps do not necessarily occur consecutively.
If damage has been done to Council’s infrastructure (driveway/footpath/naturestrip/gutter crossing), the amount less restoration costs will be refunded. We will contact you to determine if you or Council will be doing the restoration work.
The restoration costs will only be refunded when construction has finished and you have carried out the restoration work to Council’s standards.
The refund process is triggered by an action at a certain point in time of development as per below:
When: Demolition is completed
Action: Call Ryde Planning and Business Centre on 9952 8222 and book a post demolition inspection.
When: All works have been completed
Action: Lodge a final occupation certificate with Council.
When: The positive covenant has been lodged with the Department of Lands.
Action: Lodge document with the Registration Notice / Dealing Number from property of lands with Council.
When: The final occupation certificate has been lodged with Council
Action: Send a letter requesting the refund of the tree deposit.
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Page Last Updated: 26 February 2013