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Almost all development requires Council approval. If in any doubt approval should be sought. Failure to obtain approval is an offence and a person can be prosecuted.
There are some minor activities that do not require approval - these are listed in Council's Exempt and Complying Development Control Plan no.34 (PDF 831KB).
Generally development requires both a Development Consent and a Construction Certificate. Development includes:
- use of land;
- subdivision;
- erection of a building;
- the carrying out of work; or
- demolition of a building or work.
Integrated Development
Some development proposals fall within the category of "Integrated Development". The purpose of Integrated Development is to enable the requirements of State Government agencies to be incorporated into Council decisions.
Council must refer developments, which fall within the definition of Integrated Development, 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 even though the state government agency does not object.
The applicant is required to pay an additional fee of $110.00 to Council and $250.00 per agency for Integrated Development Applications. Council forwards the $250.00 to the Government Agency on behalf of the applicant.
Lodging a Development Application
All development requires the submission of a development application form, information and plans as specified in the application requirements attached to the form. It is recommended that applicants complete the development application checklists prior to submission to ensure all requirements are met. (All of these documents are available in the Development Application Package)
Incomplete applications will not be accepted.
The Assessment Process
The following is a guide to the steps taken in determining an application:
1. Pre-Assessment Team
The Pre-Assessment Team will undertake a preliminary assessment of the application to ensure that the information provided complies with Council's policies and they will also check the quality of the plans. If there are any noticeable problems the applicant will be notified, usually in writing, within 7 days. This may delay the processing of the application if there is insufficient information provided to commence the assessment.
The team determines the officer who will assess the application and any referrals required to specialist council officers such as landscape architect, development engineer.
2. Notification and Submissions
The application may require notification, in accordance with City of Ryde Development Control Plan 2006 - Part 2.1, Notification of Development Applications (PDF 265KB).
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.
3. Assessing Officer
When the notification period has finished the assessing officer will commence assessing the application.
The application 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.
4. Determination
The applicant and all those who made submissions will be informed of the determination. Applicants who are not satisfied with the determination may seek a review of the determination and/or appeal to the Land and Environment Court.
If consent is granted applicants would then need to apply for and receive a construction certificate before work can commence.
Construction Certificate
Council or an Accredited Certifier (private certifier) may issue a Construction Certificate. The application form for construction certificates outlines the information and plans that must be submitted with an application.
The application for a construction certificate may be lodged at the same time as the Development Application, particularly for minor works and ground floor alterations and additions to houses.
This is not always advisable for other more involved work as it is possible that the conditions of consent will require amendments to be made to plans. This might result in costly rework and delay.
The Development Consent is designed to enable the applicant to check or tick which conditions of consent require plans or information. It acts as a checklist.
Time frame 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 LDA is determined)
- 60 days (if lodged on or before the date upon which the Integrated Development Applications (IDA) or designated development is determined)
- 28 days (if lodged after the LDA 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. Council, if it is not the PCA, must be advised in writing of the PCA and given 2 days notice in writing of intention to start work.
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