Development Applications are to be lodged through the NSW Planning Portal commencing from 1 July 2020. Visit the Planning Portal for more information.
When undertaking development within the local area you may need to lodge a Development Application (DA). For this purpose development includes the following:
- the use of land
- the subdivision of land
- the erection of a building
- the carrying out of work
- the demolition of a building or work
- any other matter controlled by an environmental planning instrument.
Before you start preparing a Development Application, be sure to read the policies and the rules that apply to your development. You will need to determine which planning instruments apply to your land, usually the Local Environmental Plan (LEP), which can be found by checking Council’s zoning maps. The Ryde Development Control Plan and other State Environmental Policies may also apply.
Before you start designing and preparing your proposal, you will need to know the following:
If you are unsure, please contact Council for information as early as possible in the design process.
Building and Development Advisory Service
This is a specialist support service for planning, building and development matters.
Council’s Building and Development Advisory Service (B+DAS) in conjunction with Customer Service and the City Planning and Environment Directorate provides front end planning, development and building information for residents and building professionals. The team is able to assist with the following:
- Planning and development enquiries
- Lodgement of Development Application (DA), Complying Development Certificates (CDC), Building Information Certificates, Subdivision Certificates, Construction Certificates
- Pre lodgments and Urban Design Review Panel meetings
- Development Application lodgement through the portal
- Development Engineer Enquiries
- Payment of development fees
- Building certification and compliance
- Viewing of notification and exhibition material
- Search of historical documents.
Council’s Duty Town Planners will be available for minor enquiries via phone only to discuss your development and lodgement related matters. You can contact the Duty Planner through our Customer Service Centre on 9952 8222 from 9.00am to 1.00pm, Monday to Friday.
Lodging Your Development Application
The New South Wales Government recently published a comprehensive guide that explains the Development Application process. It gives details on the development assessment and construction approval processes to help you prepare and lodge your application that is ready to be assessed. The guide also explains the steps involved along the way towards a determination.
For more information on the guide, go to the Department of Planning and Environment website.
Lodge Your Application
To lodge with the NSW Planning Portal, you will need to first register an account with the portal. After registering, you will be able to lodge the application and then follow the prompts to upload the required information and documentation. The portal can be accessed from the Planning Portal website.
For online lodgements, all initial correspondence will be conducted via the NSW Planning Portal, including request for additional information, notification of acceptance or return of an application. City of Ryde may contact you via the portal if there are issues with the application or if the application is complete. All applications submitted through the portal will be reviewed by Council's Clearing Houses for acceptance.
A notification of what fees are to be paid and how the payment can be made will be sent via the portal once the application is considered acceptable. Lodgement will be completed only after the payment is received by Council.
Additional assistance can be obtained by contacting our Customer Service Centre for customers wishing to lodge applications through the NSW Planning Portal.
Subdivision Certificate Applications and Applications for Endorsement of Section 88B and Section 88E Instruments cannot be currently lodged through the NSW Planning Portal and due to the temporary closure of the Customer Service Centre, these can only be lodged as follows:
- Mail to Locked Bag 2069 North Ryde, NSW 1670
- By drop box: drop the documentation in the Ryde Library after-hours return chute available at the front of the library, near the Pope Street entrance.
All such applications must be accompanied by a completed application form, checklist and documentation together with a USB containing digital copies.
Please ensure that all applications include a return address for your documents to be returned once processed. Documents will be returned by registered mail.
From 1 July 2020, Development Applications will only be accepted via the NSW Planning Portal, as mandated by the NSW Department of Planning, Industry and Environment.
For technical enquiries relating to the NSW Planning Portal, please contact the NSW Department of Planning, Industry and Environment.
Application Lodgement Process
The Development Lodgement process is as follows:
- You collate the documentation and information required for their application (DA, Section 4.55 or Section 8.3).
- You lodge the applications online via the NSW Planning Portal:
- All documents and plans are to be uploaded to the portal. Please refer to DA document checklist in the DA Information Package(PDF, 189KB).
- There is no fee payable at this stage. Do not send in payments at the initial stage when you are uploading the application
- An acknowledgement email, auto-generated via the Planning Portal, will be issued
- Hard copies of plans or any other documents are not required to be submitted
- Council will be notified of the application by the portal.
- Council will review the documentation as soon as practicable via the Clearing House and the customer will be contacted for the following:
- Acceptance of the application and request for fee/s to be paid or
- Return of the application or
- Request for additional information to be provided.
- When the application is satisfactory for lodgement, a fee quote will be provided with a request for payment. This will be notified via the Portal.
- When the required fee/s is paid, the application will then be "lodged" as a Development Application, Section 4.55 Modification Application or a Section 8.3 Review Application, and assessment of the application will commence.
- Applicant will be able to monitor the progress of the application via the portal.
If you have received a returned Application Lodgement Review letter, you can contact our Building and Development Advisory Service to discuss the contents of the letter. Council's contact number is 9952 8222.
If you have any engineering issues raised within the returned letter, we advise that your consultant engineer discuss the issues with Council’s Development Engineer who can be reached via Customer Service Centre on 9952 8222 from 9.00am to 1.00pm, Monday to Friday.
Modifying a Development Consent (Application under Section 4.55 of the Environmental Planning & Assessment Act)
If you need to make changes to a DA that has been issued with a consent, there are several ways to do this.
- To correct a minor error, an incorrect description or miscalculation, a Section 4.55 (1) application is required
- For other minor modifications that have minimal environmental impact, a Section 4.55 (1A) application is required
- To modify the consent in other ways, due to design changes for example, evidence needs to be provided that the development will be substantially the same, with a section 4.55 (2) application
- To modify a consent handed down by the Land and Environment Court, a Section 4.56 application is required.
Section 4.55 and 4.56 applications also need verified owner's consent from all of the registered property owners for the changes to be considered. If a company owns the property, the company stamp or seal is required. If the building is subject to a strata scheme, the owners' corporation seal and authorised signatures are required.
A section 4.55/4.56 application needs to include:
- the completed form (download below)
- fee payment
- supporting documentation.
Additional information may still be required. You are also recommended to discuss proposed changes and modifications with the Assessment Officer who handles your DA before the application is lodged.
Review of Determination of a Development Application (Section 8.3 Review)
If you wish to review the determination of Development Application, generally in reference to a DA that has been refused by Council, this needs to be lodged and determined within 6 months of the date of application's determination. A Review of a Determination must be determined by the Ryde Local Planning Panel (RLPP).
You are advised to submit review applications within 3 months of the application's determination. Otherwise Council will not have sufficient time to assess and determine the application within the 6 month deadline. An Application for Review may not be accepted if Council considers that there may not be adequate time o assess and determine within the 6-month statutory time restriction. This statutory timeline is not flexible. This means that if you are contemplating a review, you will need to allow enough for time for Council to undertake public notification, assessment and other processes involved. More complicated applications can take longer time. You may seek your own independent legal advice in relation to this matter.
If you wish to seek a review of a determination of a modification (Section 4.55), this must be lodged with Council no later than 28 days after the modification was determined. (Environmental Planning & Assessment Regulations 2000 Clause 123I)
Exempt and Complying Developments
Some minor developments, known as ‘exempt’ developments, do not require consent. Another type of development, called ‘complying’ development, requires a complying development certificate.
The Department of Planning and Environment provides information about development that can be undertaken without planning approval 'exempt' or 'complying' development. This includes an interactive building tool which shows the changes you can make to a property without a planning or building approval.