The DA process
If you are considering developing, you may need to submit a Development Application (DA) to seek Council approval.
Development includes building, renovating, demolishing and changing the use of a building or land.
Major steps in the DA process
Council's flowchart outlines the major steps in the development process. This is a general guide only and does not cover every scenario:
Lodge a DA
Council's fact sheet explains how to lodge a Development Application:
Guide to the DA process
The Department of Planning and Environment (DPE) has developed a guide to the DA process to help you to prepare and lodge a DA.
This page also explains the development process in detail.
If bushfires destroyed or damaged your home or business, you can also learn how Council can help you through the building process.
There are many different types of development. The planning controls for Eurobodalla set out where different types of development can be undertaken.
You can carry out some minor building works such as garden sheds or carports without requiring approval from Council.
For existing commercial properties you can also undertake some changes in use or signage without approval. These are examples of exempt development.
You can also carry out some larger but straightforward development as complying development. This is a combined DA and Construction Certificate (CC) process.
If your proposal is not exempt or complying development, you will need to submit a DA.
You can use our land-mapping tool to access information on your property to help you prepare your DA. This includes zoning, heritage and development control information.
Read Council's local plans to find out how they will affect your proposal:
- The Eurobodalla Local Environmental Plan (LEP) sets out land zones and the types of development that you can carry out.
- The Development Control Plan (DCP) sets out the design controls for new development and any relevant Council policies. You can use the table of contents at the front of the DCP as a guide for the type of issues you may need to address in your development design.
New houses must meet a basic level of energy efficiency. Factors such as the location of the home, hot water and energy systems, insulation and window area dictate the rating achieved.
Before you get started on your application, we can help you to understand the development process and answer your questions:
If your development involves removing vegetation or a prescribed biodiversity impact
The NSW Government introduced a new Biodiversity Offsets Scheme (BOS) in August 2017. The purpose of the scheme is to assess and offset the biodiversity impacts of development that involves clearing of native vegetation and other biodiversity impacts prescribed by clause 6.1 of the Biodiversity Conservation Regulation 2017.
1. Determine if the BOS applies
- There are three key triggers for entry into the BOS. These triggers apply to any development that requires native vegetation to be removed or a prescribed biodiversity impact.
- You must consider all clearing associated with your development. This includes clearing for driveways, fences and Asset Protection Zones (APZ) for bushfire safety. You can engage a bushfire consultant to help determine clearing required for an APZ.
- If you determine the BOS doesn't apply to your development, you will need to include a vegetation removal plan. This plan must show the extent of clearing (m2) in your DA to support your decision.
More information
- You can read about the BOS triggers and if they apply to your development under the heading 'BOS thresholds'.
- Find more information about the BOS on the Department of Planning and Environment's (DPE) website.
- A biodiversity assessment and approvals decision support tool is available from the Office of Local Government to help identify biodiversity assessment requirements for proposed developments and activities.
2. Contact an accredited assessor
The BOS is based on the ‘avoid, minimise, offset’ hierarchy. Using the hierarchy, you must:
- consider whether the development can avoid a negative impact on biodiversity values
- then consider whether the development can minimise any negative impacts that cannot be avoided
and - once all reasonable steps to avoid or minimise biodiversity impacts have been exhausted, consider whether any remaining impacts can be offset.
3. Accredited assessor completes a Biodiversity Assessment Report
4. Submit the BAR with your DA
5. Council assesses your DA
6. Comply with offset requirements
- purchasing biodiversity credits
- funding a conservation action
- making a payment into the Biodiversity Conservation Trust Fund.
More information
Contact DPE for more information about the BOS and offset requirements:
- T: 1300 361 967
- W: BOS support
BOS thresholds
- the amount of native vegetation you're proposing to clear exceeds an area threshold
- the impacts occur in an area mapped on the Biodiversity Values Map (BV Map) published by the Environment Agency Head
- a significant impact is likely according to a 'test of significance'.
1. Area clearing threshold
The area threshold varies depending on the minimum lot size shown on the lot size maps in the Eurobodalla Local Environmental Plan (LEP) 2012. It applies to all proposed clearing of native vegetation in your development proposal. For example, in the case of a subdivision, it is important to consider all future clearing across the lots subject to the subdivision.
Minimum lot size associated with the property | Threshold for clearing above which the offset scheme applies |
---|---|
Less than 1 hectare | 0.25 hectares or more |
1 hectare to less than 40 hectares | 0.5 hectares or more |
40 hectares to less than 1000 hectares | 1 hectare or more |
1000 hectares or more | 2 hectares or more |
2. Biodiversity Values Map
3. Test of significance
- You can engage an environmental consultant to assist you with these ecological reports
- For further guidance on how to interpret and apply the factors of the test of significance, please refer to the Threatened Species Test of Significance Guidelines.
Building and development on bushfire-prone land
Bushfire-prone land is an area of land that can support a bushfire or is subject to bushfire attack, as designated on a bushfire-prone land map. The purpose of a bushfire-prone land map is to identify land that is at risk from bushfire attack. It also triggers further planning and development controls for building or development on bushfire-prone land.
To check whether your property is on bushfire-prone land:
- use our land-mapping tool where you can view Council’s bushfire-prone land maps:
- insert your property address in the ‘address search’
- expand the ‘development restrictions’ layer on the left side of the screen
- tick ‘bushfire-prone land’ to see whether your property is located on bushfire-prone land,
or
- use the Planning Portal:
- insert your property address
- click on the ‘hazard’ layer on the left side of the screen and tick the ‘bushfire prone land’ box
- click on the ‘legends’ tab to view the bushfire-prone land category rating,
or
- order a section 10.7 planning certificate
or - download the certified bushfire-prone land map for Eurobodalla Shire.
New development or building on bushfire-prone land must adhere to the requirements of the NSW Rural Fire Service's Planning for Bushfire Protection 2019. This document outlines bushfire protection measures required for new development in NSW. These measures include APZs and emergency access.
You must also meet the requirements of Australian Standard: 3959-2018 Construction of buildings in bushfire-prone areas (AS3959-2018).
You will need to lodge with your DA:
- Bushfire Risk Assessment Report
- Bushfire Risk Assessment Certificate form (987.5 KB)
- the Bushfire Attack Level (BAL) that applies to your property
- the relevant APZ required
- advice that your proposed development (including landscaping) conforms to the relevant specifications and requirements of Planning for Bushfire Protection 2019 and AS3959-2018.
Prepare your supporting documents
From 1 July 2021 the NSW Government made the online lodgement of certain applications such as DAs, mandatory on the NSW Planning Portal.
You must submit a Statement of Environmental Effects (SEE) with your DA if the development is not State significant. The SEE must include:
- the environmental impacts of the development
- how you identified the environmental impacts of the development
- the steps taken to protect the environment or to lessen the expected harm to the environment
- any matters required to be indicated by any guidelines issued by the Planning Secretary
- drawings of your proposed development in the context of surrounding development, including the streetscape
- development compliance with building heights, building height planes, setbacks and building envelope controls (if applicable) marked on plans, sections and elevations
- drawings of your proposed landscape area, including species selected and materials to be used, presented in the context of the proposed building or buildings, and the surrounding development and its context
- if your proposed development is within an area in which the built form is changing, statements of the existing and likely future contexts
- photomontages of your proposed development in the context of surrounding development
- detailed sections of proposed facades
- if appropriate, a model that includes the context.
You can use this proforma of the SEE for minor applications:
For all other applications, please refer to our page preparing a Statement of Environmental Effects.
If you have a larger development or a development with high environmental value, you may need to submit a site-specific SEE with your DA.
If you are building on bushfire-prone land, you'll also need to prepare:
- Bushfire Risk Assessment Report
- Bushfire Risk Assessment Certificate form (987.5 KB)
Application requirements
The NSW Department of Planning and Environment (DPE) has outlined the application requirements for development to help you prepare your DA. The DPE provides this information in a planning system circular:
Plan requirements
- Plans must adhere to the legal requirements for the standard of plans.
- Plans must be drawn to scale, preferably 1:100.
- Council will not accept freehand, single line or illegible drawings.
- Council may not be able to register your DA if your plans are inadequate.
- the location of any proposed buildings or works (including extensions or additions to existing buildings or works) in relation to the land's boundaries and adjoining development
- floor plans of any proposed buildings showing layout, partitioning, room sizes and intended uses of each part of the building
- elevations and sections showing proposed external finishes and heights of ay proposed buildings (other than temporary structures)
- elevations and sections showing heights of any proposed temporary structures and the materials of which any such structures are proposed to be made (using the abbreviations set out in section 5 of the Regulation)
- proposed finished levels of the land in relation to existing and proposed buildings and roads
- proposed parking arrangements, entry and exit points for vehicles, and provision for movement of vehicles within the site (including dimensions where appropriate)
- proposed landscaping and treatment of the land (indicating plant types and their height and maturity)
- proposed methods of draining the land
- in the case of development that requires a BASIX certificate, such other matters as any BASIX certificate for the development requires to be included on the drawings
- in the case of BASIX optional development - if the DA is accompanied by a BASIX certificate or BASIX certificates, such other matters as any BASIX certificate for the development requires to be included on the drawings.
Site plan
- setbacks to boundaries from existing and proposed buildings
- the location, boundary dimensions, site area and north point of the land
- existing vegetation, trees and watercourses on the land
- the location and use of existing buildings on the land, along with floor and ridge heights
- existing and proposed levels of the land in relation to buildings and roads
- the location and use of buildings on sites adjoining the land
- proposed landscaped area and the calculations
- private open space highlighted
- nominated effluent disposal areas onsite
- APZs.
Floor plan
- height of floor level in relation to existing and future ground levels
- layout, partitioning, room sizes (dimensions) and intended use for each part of your dwelling
- window and door locations and sizes
- floor levels and steps in floor levels
- location of plumbing fixtures
- wall structure type and thickness
- location and numbering of section plans.
Notification plan
- any other proposed building (including the maximum height of the building(s)
- its position on the site
- boundary setbacks
- building envelopes.
Section plan
- section names/numbers relating to the floor plan
- room and window heights
- door locations and sizes
- roof drainage
- existing and proposed RLs for the building (ceiling and floor levels) and the site showing proposed excavation and filling (if any) distance between floor levels and finished ground level
- internal and external sheeting
- weather proofing and flashing
- method of construction
- roof pitch and covering.
Elevation plans
- exterior cladding type and roofing material
- window and door locations and sizes
- downpipes and gutters
- reduced levels from an assumed datum point for roof ridge, floor, ceiling and natural ground levels.
Landscape plan
- multi-unit, tourism or industrial development,
or - landscaping component to meet the BASIX requirements.
- planting beds, fences and other landscape features
- planting schedule including:
- botanical and common names
- number of plants
- mature height
- planting details
- materials, finishes of soft and hard areas and edging details
- existing vegetation to be removed or retained
- landscape maintenance program
- location of:
- underground and overhead services
- paved areas
- garden furniture
- rubbish bins
- waste disposal areas
- letterbox
- lighting.
Vegetation removal plan
- Consider all clearing associated with your development. This includes clearing for:
- driveways
- fences
- APZ for bushfire safety.
- You can engage a bushfire consultant to help determine clearing required for an APZ.
- If the BOS doesn't apply to your development, you will need to include a vegetation removal plan.
- The vegetation removal plan must show the extent of clearing (m2) in your DA to support your decision.
Driveway section plan
- Details of driveways, vehicle crossing profiles and transitions. A design using one of Council’s standard plans is acceptable.
- Maximum driveway grade:1:4.
Rainwater reuse concept plan
- site layout
- ground and inlet to water tank levels
- tank location and size
- hatching and calculations to show roof areas connected to the rainwater tank
- downpipe locations
- first flush pit size and disposal
- surcharge pit locations and spot heights for overflow.
- location of the tank
- materials used
- colour scheme.
Services and easements
The location of:
- above or below ground services, including power, water, telephone and sewer
- easements within and immediately adjacent to your land
- Council’s services (including sewer, water and stormwater) within or immediately adjacent to your land
- existing Council road, road drains and footpath immediately adjacent to your property.
Schedule of exterior finishes
- Exterior finishes (existing and proposed) eg, material and colour of roof, walls, etc.
Drainage
- The proposed layout and levels for stormwater disposal, location of rainwater tank and overflow point.
- Drainage patterns across the site, areas of concentrated runoff, ponding and possible flooding.
- Location of any watercourse, creek, stream etc, on the site or any within 40m from the site.
Site analysis
- reinforces the positive elements
- minimises the negative impacts.
Vegetation removal and Biodiversity Assessment Report
- you exceed the BOS thresholds
- your property is mapped on the BV Map.
For more information, refer to the BOS.
Specifications
- the type of construction and materials you propose to use
- type of external finishes
- whether the materials will be new or second-hand and if second-hand, provide details
- the method of drainage, sewerage/septic and water supply
- all structural member details, including sizes.
BASIX
- recycled water
- rainwater tanks
- AAA rated showerheads and taps
- native landscaping
- heat pump or solar hot water heaters
- roof eaves/awnings
- wall/ceiling insulation.
You will need to submit a BASIX certificate with your DA or Complying Development Certificate Application (CDC).
Your plans and specifications must identify the BASIX commitments. The construction process will be inspected by your building certifier.
- Find more information about BASIX certificates on the Planning Portal.
Other supporting documents required
- Statement of Environmental Effects - this proforma should only be used for class 1 and 10 buildings (3.1 MB)
- Owner's Consent Form (1.6 MB)
- Development Estimated Cost of Works (1.5 MB)
Lodge your DA
Step 1: prepare to upload your supporting documents
File naming protocol example
Title of document
- Development Application Checklist
- Plan Set (site, floor, elevations, landscape etc,)
- Statement of Environmental Effects
- BASIX Certificate
- Bushfire Assessment Report
- Waste Management Plan
- Specialist Report (eg. heritage, flora and fauna etc,).
Amended documents
Amended plans or documents submitted for applications currently under assessment must also be labelled in this format, with the updated issue/revision number and date as an extension to the document title. For example:
- Title of Document – Revision Number – DAY MONTH YEAR.pdf.
Step 2: address all requirements in the checklist that applies to your development
You will need to address all requirements outlined in the checklist that applies to your development:
- DA Checklist - Residential/Alterations and/or Additions (3.8 MB)
- DA Checklist - Use of Existing Unapproved Building or Works (3.7 MB)
- DA Checklist - Commercial, Industrial or Change of Use (3.8 MB).
This is important so that you're not charged another portal service fee to re-submit your DA. The NSW Government issues portal service fees to support the ongoing maintenance and delivery of the Planning Portal.
Please note that fees payable through the ServiceNSW gateway may incur a surcharge.
If you have any queries about portal service fees, please contact ServiceNSW:
- T: 1300 305 695.
Step 3: lodge your DA and supporting documents on the NSW Planning Portal
Council's Development Assessment Team will review your application and notify you of the outcome.
Council will issue you with an invoice for the DA application fee if we accept your application.
Step 4: pay your application fee
- send a letter and a copy of your plans to adjoining and adjacent landowners
- publish details of your DA in the local newspaper
- make plans available for viewing on our website under 'development proposals on exhibition' on our lodge, track and plan page
- erect a notice on the development site
- include details of your DA on our online DA tracking tool.
Submissions
- Community members can make submissions on our DA tracker page.
- all relevant planning instruments
- state environmental planning policies
- local environmental plans
- development control plans
- Council policies
- the likely impacts of the development on the natural and built environment
- the site's suitability for the proposed development
- the matters raised in any submissions received.
- solar access, landscaping and open space, height, form and materials, building setbacks, streetscape, visual and acoustic privacy, views, traffic and parking implications
- bushfire assessment under the NSW Rural Fire Service Planning for Bushfire Protection Guidelines 2019
- other approvals such as:
- section 68 Local Government Act 1993 (eg, water, sewer or stormwater works, installation of a solid fuel heater)
- section 138 Roads Act 1993 (works within the road reserve including construction of a driveway crossover).
Council will contact you if there are concerns about your proposal or if we need further information from you. You will have 28 days to provide a response to allow us to continue to assess your application.
Internal referrals
Your planning officer may need to seek advice from officers in other areas of Council, depending on the type of development proposal. This can include engineers, compliance officers, heritage consultants and environmental health officers. The officer will consider the comments and recommendations received from other officers before making a final recommendation.
External referrals
Your planning officer may need to refer your DA to certain NSW Government departments and agencies. This is dependent upon the type of development you are proposing. The officer must consider any comments received when determining the application.
A development that will produce a large volume of traffic and requires access to a State highway is the type of development the planning officer will refer. The State Environmental Planning Policy (Transport and Infrastructure) 2021 (previously State Environmental Planning Policy (Infrastructure) 2007) stipulates that Council must refer this type of application to the Roads and Maritime Service (RMS) and consider any comments received.
Referral to other agencies may include DPE, RFS and WaterNSW. These agencies or external referral bodies may need further information from you. The planning offer will inform you if this applies to your DA.
Some developments also need a specific approval or licence from other authorities such as the RFS. This is known as integrated development. Council must refer the application to the relevant authority and seek its general terms of approval.
- grant conditional approval
or - refuse the DA.
- If Council approves your DA, the notice of consent will include conditions. Council will provide you with a set of the stamped and approved plans and documentation by email, if possible.
- If Council does not support your application we will let you know in writing. This will give you the opportunity to decide whether you would like to:
- provide further information
- have the application formally refused,
or - withdraw your application.
- If you decide to withdraw your application Council may be able to refund some fees.
Conditions of consent
- general
- prior to issue of the CC
- prior to the start of works
- during construction
- prior to the release of the Subdivision Certificate (for applications involving subdivision)
- prior to occupation or start of use.
- before construction begins
- during construction, and
- after construction of your development
- Read about the different steps of the construction process and how you can apply for a CC.
- Council's Certification Team is available to discuss your development. If you would like to appoint Council as your principal certifier we can provide you with a fee proposal.
You can apply to modify your development consent if the modified development remains substantially the same as the initial approved development. There are three types of modifications:
- 4.55(1) minor modifications: to correct a minor error, misdescription or miscalculation. For example, incorrect plan numbers referenced on the development consent.
- 4.55(1a) minor modifications: involves minimal environmental impact. For example, changes to an approved landscape plan or minor changes to the internal configuration of a building.
- 4.55(2) other modifications: where environmental impact is possible. For example, changes to approved hours of operation or the external configuration of a building such as window placement or height.
Lodge your Mod DA
From 1 July 2021 across NSW it is mandatory to lodge certain applications such as Mod DAs on the Planning Portal.
Step 1: prepare your supporting documents
There are various supporting documents that you will need to prepare and upload with your Mod DA. Some of these include:
- Statement of Environmental Effects - this proforma should only be used for class 1 and 10 buildings (3.1 MB)
- Owner's Consent Form (1.6 MB)
- Development Estimated Cost of Works (1.5 MB)
Application requirements
The NSW Department of Planning and Environment (DPE) has outlined the application requirements for development to help you prepare your Mod DA. The DPE provides this information in a planning system circular:
Step 2: address all requirements in the checklist
This is important so that you're not charged another portal service fee to re-submit your Mod DA. The NSW Government issues portal service fees to support the ongoing maintenance and delivery of the Planning Portal.
Please note that fees payable through the ServiceNSW gateway may incur a surcharge.
If you have any queries about portal service fees, please contact ServiceNSW:
- T: 1300 305 695.
Step 3: lodge your Mod DA and supporting documents on the Planning Portal
You can now lodge your Mod DA and supporting documents on the NSW Planning Portal:
Council's Development Assessment Team will then review your application and notify you of the outcome.
Council will issue you with an invoice for the Mod DA application fee if we accept your application.
Step 4: pay your application fee
Resources to help you lodge your DA
DPE has a range of resources to guide you through the DA process and help you lodge your DA on the Planning Portal:
- YouTube: Watch an overview of the Planning Portal
- NSW Planning Portal: Applicant resources for the Planning Portal
- NSW Planning Portal: Frequently asked questions for the NSW Planning Portal
Council's answers to frequently asked questions about lodging DAs through the Planning Portal can also help:
We can help you
For assistance using the NSW Planning Portal please contact Service NSW:
- T: 1300 305 695
- E: ServiceNSW
If you would like to discuss the details of your application or supporting documents you need to lodge, please contact Council's Development Help Desk:
- T: 02 4474 1231
- E: Development Help Desk
Disclaimer: This page provides a summary of the major issues relating to the submission of plans for a DA. This information does not address every issue that could occur.