A Development Application (DA) is an essential step towards getting your proposed building works approved with your local council.

For anyone that has friends, family, or neighbours that have been through the Development Application process with their local council, you probably know that getting DA approval and permits can be a bit of a nightmare! From delays to refusal, getting a DA approved can be one of the most stressful parts of the renovation process.

In New South Wales, Development Applications are submitted to your local council. As such, it’s important to know that each council has its own process and timelines. While some councils can be slow and have more stringent requirements, some have a more streamlined process – it would be unfair to paint all suburbs and councils with the same brush!

What is a Development Application (DA)?

A Development Application (or a DA as it is commonly referred to) is an application that is made to your local council when you intend to carry out building works to your property. A Development Application must include a detailed breakdown of the works that you intend to carry out – whether by yourself or with a builder or architect, as well as the grounds for why the works need to be carried out.

A Development Application is used to assess the impacts that these works would have on a number of different factors, including:

·  Natural environment

·  Heritage buildings or conservative areas

·  Noise levels and disruption to neighbours

·  Waste

·  Impact to traffic

·  Access to natural sunlight

·  Privacy

What is the process for a Development Application?

The Development Application process in New South Wales is set out by NSW Planning. The planning portal on the NSW Government website provides a detailed breakdown of the DA process in six steps which include:

Step 1: Pre-lodgement

Step 2: Lodging your development application

Step 3: Assessment

Step 4: Determination

Step 5: Get your Construction Certificate

Step 6: Get your Occupation Certificate

Each local council has its own unique process for DA assessments which is why it’s important to work with an architect or building professional who can assist with guiding you through the application process.

Who is responsible for approving a DA?

Once a Development Application (DA) has been submitted, it will go through a formal review and assessment process with your local council. The local council is responsible for assessing the application and ensuring that it meets local requirements and guidelines for building in the area.

How long does it take for a DA to be approved?

Once the DA is submitted to your local council, it can take anywhere from 21 days to 200 days for a decision to be made. There are a number of important factors (listed below) that can determine how long it will take for a development application to be reviewed, including:

·  The complexities of the proposed work

·  The workload on the local council

·  The time of the year

·  Amendments made to the original proposal

Data from the NSW Government (which is compiled across all local council areas) shows that the average timeframe for a decision on a DA is 10 days from the date of lodgement.

What happens if a DA is refused?

Once your DA has been submitted, there are three decisions that can potentially be made on the Development Application:

1. The DA is approved with or without any conditions

2. The DA is refused

3. The application is deferred, and the applicant is requested to submit additional plans or information to substantiate the application

If your DA is refused and you believe that the ground for that refusal is unfair then you can appeal to the NSW Land and Environment Court within 40 days after the application was made, or within 6 months of when a decision has been made on the Development Application.

When should you apply for a DA?

Local councils can take anywhere from 21 days to 6 months to review a development application in New South Wales, with most decisions being made within 40 days. The timeline for building or renovating a house will be influenced by how long it takes to obtain DA — to minimise the risk of delays on your project, it’s recommended that you apply for your Development Application as early as possible in the building process. Work with an architect who has experience with a project like yours, so they can create a strong application on your behalf. Before you start the construction stage including the construction certificate and tender process, your Development Application will need to be submitted – and hopefully approved.

In some cases, you may need to provide further supporting documentation or a request can be refused. As such, it’s important to give yourself as much time as possible so that there are minimal delays on works being carried out.  

Crush Architecture are Sydney’s leading architecture firm – we work with clients to ensure that Development Approval is created and submitted to provide the best possible outcome. Our architects have experience and partnerships working with local town planners, heritage specialists, and a council approval process specialist to ensure that all of our clients have the best possible chance of receiving approval on their Development Applications.