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STAGE SIX: WHAT'S NEXT?
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Once your Development Consent has been received, you will need to read over the conditions of consent and complete and comply with them throughout the term of consent.
Where construction work is proposed, the granting of development consent is the first step in the process. Before construction work may commence, a Construction Certificate (CC) must be obtained from Council or an accredited certifier. Further information on this can be located in the Building section of the website.
To ensure that the development is commenced within a satisfactory time frame, a development consent has five years from the date of approval to be physically commenced.
Further Information
The below information is recommended to be read before commencement of the building stage of the development.
Modification of Development Consent
Any alteration to the drawings and/or documentation shall be submitted for the approval of Council. Such alterations may require the lodgement of an application (Section 96 Application) to amend the consent under Section 96 of the Environmental and Planning and Assessment Act 1979 or a fresh development application. No works other than those approved under this consent shall be carried out without the prior approval of Council.
There are four different types of Section 96 applications and summarised below.
- 96 (1) Modifications involving minimal environmental impact.
This includes ONLY - minor error, misdescription or miscalculation.
- 96 (1A) Modification involving minimal environmental impact.
This includes minor changes to the development which will have minimal environmental impact.
- 96 (2) Other Modification.
Right of Review
Right of Appeal
- If you are dissatisfied with this decision Section 97 of the Environmental Planning & Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within 12 months of receiving the determination notice.
Deferred Commencement
Sometimes applications are approved with a Deferred Commencement condition/s. A Deferred Commencement Consent has two parts.
- Part 1 of Deferred Commencement consent requires further information to be submitted prior to Council allowing that consent to continue. For example a specific report from an appropriately qualified person is required prior to release of Part 2 of the consent.
- When the applicant or owner has the information ready it should be submitted to Council who will confirm in writing that the consent is now operative.
Positive Covenants
A public positive covenant is created under either Section 88D or Section 88E Conveyancing Act 1919 and imposes obligations on the new owner of the land burdened (the servient tenement), in favour of a prescribed authority. These
obligations include:
- Carrying out specified development on or with respect to the land, or
- The provision of services on or to the land or other land in its vicinity, or
- The maintenance, repair and/or insurance of any structure or work on the land.
It may also impose any term or condition with respect to the performance (or failure to perform) of any such obligation.
Should consent be issued with conditions requiring a Covenant be prepared a solicitor should be contacted to prepare the Covenant.
- Stage One
Stage One
Pre Lodgement
Intending on lodging an application and would like to obtain advice and assistance on your development proposal?
Read More
- Stage Two
Stage Two, Lodgement
Lodgement
Lodging a development application? The following forms, plans and information will be required
Read More
- Stage Three
Stage Three
Public Notification, Advertisement and Referrals
DCP outlines Council's policy for community notification
Read More
- Stage Four
Stage Four
Assessment of Development Application
Each application is assessed against considerations under Section 79C of the EPA
Read More
- Stage Five
Stage Five
Determination of Development Application
Council will either approve the application or refuse it
Read More
- Stage Six
Stage Six
What's Next?
The Development Consent has been received, read over the conditions of consent and complete and comply with them.
Read More
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