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Getting Started: Do I need approval?

To establish if your proposal requires approval you will need to determine the type of development that you propose. Some development requires an application to Council while other development may be undertaken without any planning approval. This part of Council's website provides information on how to establish your type of development, your zone and any relevant approval requirements.

The following steps will help establish what approvals may be required:

1. Determine the zone that applies to the development site under the relevant Local Environmental Plan (LEP).
2. Establish the type of development you proposal and check whether your type of proposed development is permitted with or without consent, or if prohibited in your zone.
3. Check if there are any other site attributes such as Bushfire, or Heritage that may trigger other approval requirements.   
4. Confirm that the site is suitable for the proposed development.
5. Check how Council’s adopted guidelines, plans, codes and policies affect the proposed development.

Sometimes it is not clear whether something requires a Development Application as it often depends on the size and location of the works. If you are unsure it is advisable to check with Council before proceeding.

Taking over an existing business?

There are provisions within the legislation that allow for the continued operation of existing uses without further approval being required. It is recommended that you contact Council to establish if the business you wish to operate was lawfully established and if there are any conditions that govern the operation of the business you should be aware of.

Refer to the Buying Property page for more information.

Planning and Development Enquiry?

A Town Planner is available every day at the Planning and Development Enquiry Counter to assist you with your planning enquiries. If you are unable to attend Council’s Mudgee Administration Building in person, you can contact the Planning and Development Department on (02) 6378 2831, via email at council@midwestern.nsw.gov.au , or by mail marked attention to the Planning and Development Department – Mid-Western Regional Council 86 Market Street, Mudgee NSW 2850.  

Do I Need Approval

I am starting a business from home; do I need approval from Council?

Many types of Home Businesses do not require Council approval, however it is recommended that you seek written confirmation from Council that approval is not required. To do this write to the Planing & Development Enquiry Counter including details of your location and type of business.

Do I need approval for my footpath sign and why?

Approval under the Local Government Act is required to display any sign or goods on public footpaths. Council has a specific policy that regulates the use of this land by private businesses. The primary function of a footpath is to facilitate pedestrian access and all signage, goods and street dining must adhere to Council’s policy.

Do I need Council consent to live in my shed?

Yes. Council and the Building Code of Australia (BCA) have requirements that must be met in order to use a structure as a dwelling. These standards are there to ensure that minimum requirements are met for fire safety, ventilation, access and the protection of the environment.