A development application (DA) is required for most development in the local area.
Development is defined under the Environmental Planning and Assessment Act as:
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the use of land;
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the subdivision of land;
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the erection of a building;
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the carrying out of work;
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pruning or removing trees;
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demolition;and
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any other matter controlled by an environmental planning instrument.
To obtain development consent you must lodge a development application with Council via the NSW Planning Portal. However, some minor development, called exempt development does not require consent. Another type of development called complying development, requires a complying development certificate. These are discussed below.
What is Exempt Development?
Some minor building works don’t require any planning or building approval. This is called exempt development. Exempt development is very low impact development that can be done for certain residential, commercial and industrial properties. Provided your building project meets specific development standards under State Environmental Planning Policy (Exempt and Complying Development) 2008, approval from Council is not needed.
A few examples of development that can be exempt are: decks, garden sheds, carports, fences, repairing a window or painting a house. As long as the proposed works meet all of the development standards identified in the State Policy for exempt development, approval is not needed.
What is Complying Development?
Complying Development is a combined planning and construction approval for straightforward development that can be determined through a fast track assessment by a council or private accredited certifier. A Complying Development Certificate is generally determined within ten (10) days.
Complying development applies to homes, businesses and industry and allows for a range of development including construction of a new dwelling house, alterations and additions to a dwelling house, swimming pools, demolition and changes to a business use.
Determination of a Complying Development Certificate (CDC) relies on a code-based assessment against the relevant development standards provided within the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Note: If an application exceeds the relevant development standards contained within the State Policy, a development application will be required to be lodged with Council.
Heritage
Most work involving a listed heritage item (that is listed on the State Heritage Register or is subject to an interim heritage order under the Heritage Act 1977, or that is identified under Schedule 5 of the Strathfield Local Environmental Plan 2012) will require development consent from Council. However, there are provisions allowing for some minor works to be carried out involving heritage places, with the process for the different types of heritage listing outlined below:
Items listed under the Strathfield Local Environmental Plan 2012
For items listed under Schedule 5 of the Strathfield Local Environmental Plan 2012, there are some minor and maintenance works such as repointing, painting works, fencing maintenance, and the like that may be carried out without development consent. These minor works must be confirmed by Council in writing as exempt works before being carried out. An application form for this confirmation is available here(PDF, 173KB).
Items within a listed Heritage Conservation Area
For land within a Heritage Conservation Area listed under Schedule 5 of the Strathfield Local Environmental Plan 2012, some types of exempt development are available under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. The exempt provisions of the Strathfield Local Environmental Plan 2012 as described above for individual items also apply, and an application for minor heritage works may be submitted to Council for these properties.
Items on the State Heritage Register
For works involving an Item listed on the State Heritage Register under the Heritage Act 1977 (or a site that is subject to an Interim Heritage Order under that Act), you are advised to contact the Heritage Division, Office of Environment and Heritage for further information.