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FAQs

Explore frequently asked questions, resources, forms and support relating to Development Applications.

Development Applications

How long will it take to process my application?

Council currently averages a processing time of approximately 35 days for local development, however, delays can be experienced when additional details are required or there are submissions objecting to the proposal. In the case of Integrated Development, the application is referred to a state agency for comment and the issue of a licence or permit and this can delay Council's processing of the application.

Find out more about the process here.

Will my application be notified?

Most development applications are notified to the adjoining land owners to enable them to comment. The exhibition period is usually 14 days but can vary with the scale of development. The circumstances under which an application is notified can be found in Council's Community Participation Plan.

For development currently on exhibition refer to Development Applications on Exhibition.

How do I make enquiries about my application?

When applying via the NSW Planning Portal, you can track the status of the application submitted at each relevant stage, and will also be provided with an application number (e.g. DA0104/2008) once lodged with Council. You may also find out how your application is progressing by speaking to the assessing officer noted in the Planning Portal and quoting the relevant application number.

Who determines the application?

On completion of the assessment, most determinations are made under delegation by staff. However, there are instances where applications are referred to the elected Council to be determined. Most commonly this is the case where the application exceeds the offers' delegations, there are unresolved objections from neighbours or significant variations to Council policies proposed.

What is a Notice of Determination?

If your application is approved, a Notice of Determination will be issued containing details of when the consent commences, when it lapses and what the conditions of consent are. If a refusal is issued the Notice of Refusal will provide the reasons and explain your rights of appeal to the Land and Environment Court.

What do I do if my DA is about to expire and I haven't started to build yet?

You should contact Council to determine whether there is any other means of commencing your approval so that it will not expire. It is not possible for Council to extend development consents as it is regulated by state legislation.

Where do I get soil assessments for my DA?

A soil assessment is required to determine the classification of the soil where a slab is to be poured.

Depending on the classification, you may be required to pier deeper if fill is found or use stronger cement in the concrete slab if the soil is more reactive. There are consultants locally based that can carry out assessments of this nature.

Where do I get an aboriginal cultural heritage assessment for my DA?

Council often requires heritage assessments where it has been identified that the landscape has been identified as sensitive and these include drainage channels/water courses and elevated areas.

The purpose of the assessment is to determine whether the proposal will impact on any indigenous artefacts. You should contact the National Parks and Wildlife Service (NPWS) to determine the process for getting such an assessment. The NPWS also administer the Aboriginal Heritage Information Management System (AHIMS) and you can request a search of your property from this database to determine whether there are any registered artefacts on your property.

Where do I get bushfire assessments done for my DA?

Private environmental consultants can advise and assist with bushfire assessments. Alternatively, contact the NSW Rural Fire Service for a local register of experienced consultants.

My neighbour has commenced building works, why wasn't I notified?

Many types of development do not require Council approval and therefore do not require neighbour notification. Council's notification policy is set out in the Community Participation Plan states that not all Development Applications are required to be notified.

If you suspect that work is proceeding unlawfully or without approval, please get in touch with Council.

Dwelling entitlements

A dwelling entitlement refers to the ability of Council to approve a dwelling on a certain property. In this regard, advice pertaining to dwelling entitlements within the Mid-Western Region will detail if a dwelling is permissible within the subject zone and if the subject property meets the minimum development standards (such as minimum lot size) established in the relevant Local Environmental Plan.

Advice given regarding a dwelling entitlement does not confer any reasonable expectation that a dwelling will be approved on the site. In this regard the merit of any proposal must still be considered, and unacceptable impacts on the natural and built environments are not likely to be supported.

It is noted that the planning regulations that control the erection of dwellings do change over time and it is imperative that you ensure you have the most up to date advice available.

If you wish for Council to undertake the necessary investigations of its available records to determine if a property benefits from a dwelling entitlement, you can complete and submit a Dwelling Entitlement Search Application.

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 the minimum requirements are met for fire safety, ventilation, access and the protection of the environment.

What is my Zone?

To ascertain the zone and other controls that apply to your land, refer to the Mid-Western Regional Local Environmental Plan 2012.

To ensure the integrity of Council's advice is maintained, all zoning requests must be made in writing. Alternatively a Section 10.7 Planning Certificate may be obtained or the zone maps downloaded.

You can find out how land is zoned by viewing the maps of the Local Environmental Plans at Council's Customer Service Centres between 8:30am and 4:30pm from Monday to Friday excluding public holidays, or visit the NSW Planning Portal to view plans online.

Environment

Tree removal

I want to cut down a tree in my residential backyard. Do I need approval?
The cutting down of a tree may require approval from Council depending on where you live and if it is subject to a Tree Preservation Order. Consent from Council is required for the removal of a tree in heritage conservation areas (these areas exist in Gulgong, Hargraves, Mudgee and Rylstone) as well as trees identified in the Tree Preservation Order (set out under 4.7 of Council’s Development Control Plan). It is recommended that you consult with Council to determine whether you need approval before commencing any work.

Do I need approval to remove a tree on my rural property?

Removal of vegetation in rural areas (e.g. RU1 or RU4 zoned land) is predominately managed by the Local Land Services. However, if the tree removal is associated with building work that also requires the consent of Council, consideration must be given for removal of the trees as part of the Development Application process. This may also require further biodiversity assessments to be conducted under the Biodiversity Conservation Act 2016 and submitted with the application to Council. Some rural areas may also be subject to the Tree Preservation Order requirements under the Development Control Plan and also require development consent before they can be removed.

If your land is zoned R5 Large Lot Residential or E3 Environmental Management, approvals may be required for the removal of vegetation under the SEPP (Vegetation in Non-Rural Areas).

My neighbour's tree is overhanging my fence, can I remove this branch?

Council recommends that you discuss the matter with your neighbour before carrying out any work. Approval may also be required by Council where the tree is protected by a Tree preservation Order or within a Heritage Conservation Area.

It is recommended that you consult with Council to determine whether you need approval before commencing any work.

Smoke

What are the regulations on chimney smoke?

The protection of the Environment Operations Act provides regulations regarding air pollution.

Council may conduct a 'smoky chimneys survey' and where there is an excessive level of smoke, Council can issue smoke abatement notices.

Noise

I live near a coal mine, and the noise is disturbing my sleep. Who do I contact?
If you know which coal mine is causing the noise then you should contact them directly. You may also contact the Environment Protection Authority (EPA), as they are the appropriate regulatory authority under the Protection of the Environment Operations Act, responsible for dealing with scheduled premises such as coal mines.

My neighbours continually ride motorbikes on weekends - can Council help me?
In the first instance, you should let your neighbour know that the noise is affecting you. If this fails to solve the issue, you should contact Council or the NSW Police. It is not an easy matter to settle as all land owners have the right to enjoy their property so long as they are not creating a nuisance for a neighbour.

Commercial and Business

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

Certain business and commercial enterprises may be undertaken as exempt development (does not require approval) or complying development (fast-track approval process) if the proposal meets relevant standards set out in in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the State Policy). Under the State Policy, a house may be used for a home business, home industry or home occupation as exempt development.

The use of the premises cannot involve:

the manufacture of food products
skin penetration procedures

The types of enterprises included under the State Policy are:

home business
home industry
home occupation
home-based child care
bed and breakfast accommodation

These can be carried out within the home or within attached or detached developments associated with the home, such as a garage or studio.

Please refer to the State Policy for a full list of development standards home businesses, home industries and home occupations must comply with to be exempt development.

A home business or home industry must also comply with the maximum floor area requirements specified in clause 5.4 of the relevant Local Environmental Plan.

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.

Do I need approval for my footpath sign and why?

Approval from Council 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 Foothpath Policy.

I want to set up a business in the business area of town. What do I need to do?

There are provisions within the legislation that allow for the continued operation of a business as well as a change of business use without the need for further Council approval.

Changing the use of a building may not need planning permission if the proposed change meets the requirements set out in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the State Policy). This is known as exempt development.

No planning or building approval is required if the proposal is changing from an existing use specified to a new use, as laid out in the table below:

	Existing Use	New Use
Category One	Business premises Office premises Shop	Business premises Office premises Shop Work
Category Two	Landscaping material supplies Hardware and building supplies Garden centre Plant nursery Rural supplies Timber yard Vehicle sales or hire premises	Landscaping material supplies Hardware and building supplies Garden centre Plant nursery Rural supplies Timber yard
Category Three	General industry Light industry Packaging industry Warehouse or distribution centre Wholesale supplies	Light industry Packaging industry Warehouse or distribution centre Wholesale supplies Self-storage premises

Please refer to these provisions of the State Policy for a full list of development standards under exempt development relating to changing the use of a premises.

Other considerations

A change from one type of retail shop to another type of retail shop is not a change of use - this is considered a change of tenant.
Minor building work can be undertaken in conjunction with the change of use, if the work is considered exempt development. For example, if a shop were changing to an office, minor internal work that may not require approval includes the installation of work stations, re-carpeting the floor, repainting the premises, changing light fittings and upgrading existing sanitary fittings.
Any structures that would be located on public land, or on or over a public road (including temporary structures), must have separate approval from the relevant council, or Roads and Maritime Services under the Roads Act 1993 and the Local Government Act 1993.
Generally, exempt development cannot be carried out on land that is, or on which there is, an item that is listed on the State Heritage Register.