Understanding Development Applications in Australia

A development application (DA) is a formal application submitted to the local council for permission to build a new development in a specific area.

Homeowners, businesses and community development can benefit from understanding DAs to ensure that their projects follow local zoning regulations, community expectations and sustainable practices.

This article delves into the importance of development applications and the steps involved in submitting one.

What is a Development Application?

Development applications are used to understand the impacts of new developments on the environment and community, protecting the community and natural resources from negative development impacts such as noise, climate change and traffic disruptions.

The legal framework underpinning the DAs in Australia encompasses federal, state and local government jurisdictions. The local government is responsible for implementing planning schemes and assessment of development applications according to the state legislation.

Types of Developments Requiring a DA

Developments that require a DA in Australia include but are not limited to residential complexes, commercial buildings, and infrastructure and environmental projects.

1. Residential Development

Building townhouses or unit blocks requires a DA before they can be built. Renovating residential dwellings, such as constructing a second-level extension or installing a new carport also needs DA.

Dual occupancy and multi-dwelling developments, subdivisions and residential flat buildings are other complex residential projects that require submitting a development application before carrying out the development.

2. Commercial Development

Commercial developments that need a DA include constructing new building work, shopfront renovations, signage and advertising structures, plumbing or drainage projects, pruning of trees more than 5 metres in height, a canopy spread over 5 metres or a trunk diameter of more than 300mm, at ground level.

DA is also needed if building work is required for the opening of a small bar, pub, club, cafe, restaurant or takeaway shop.

3. Infrastructure and Environmental Projects

Infrastructure projects such as the construction of highways, bridges and public transportation systems require development applications to examine their impact on the environment and society.

Environmental projects that need a development application include changing land use. If you’re planning on transforming agricultural land into an industrial zone, you’ll need to submit a development application to the council.

Steps in the Development Application Process

Here’s a step-by-step guide on how to process a development application:

Step 1: Pre-Application Advice

Before you prepare your requirements and lodge your application, ensure you have all the information and advice you need by setting up a consultation with the council or a planning authority.

Pre-application advice can help you recognise issues that may be important to the use of your property. It should also give you some certainty about the outcome of your application and make the process more efficient.

Step 2: Preparing the Application

The submission of site plans, architectural drawings and other required documents.

Statement of Environmental Effects (SEE) describes the environmental impacts of a development proposal and explains how you will minimise these impacts. The statement includes written information about your proposal that cannot be readily shown on your plans and drawings.

Step 3: Lodgement

After preparing the application, it’s time to lodge the development application with the local council. There might be a council fee required upon applying depending on the type of development you’re undertaking. Contact your council before lodging the application to determine the relevant fees.

Step 4: Assessment

This step includes a thorough review of the development application where councils review applications based on zoning, environmental and community guidelines.

Adhering to planning regulations ensures sustainable development by ensuring that new developments comply with existing environment, infrastructure and community guidelines.

Step 5: Public Exhibition

Councils can elect to conduct a public exhibit for development applications (DAs) for a certain time, such as 21, 28 or 30 days.

Notifying residents or sending an on-site notice is essential because stakeholders can make suggestions or raise concerns to create a mutually beneficial outcome for everyone involved.

Step 6: Decision

The local council will decide on the status of your development application. There are three possible outcomes. If the application is approved, you can proceed with the development.

If the application is rejected, the council provides a report detailing the reason why the application was not approved.

If the application is deferred, the council identified certain issues during the assessment process that must be addressed before granting DA approval.

State and Territory Variations in Development Applications

Australian states and territories use different DA processes. Below are the acts established and followed by developers and local councils in New South Wales, Victoria and Queensland.

NSW

The NSW Environmental Planning and Assessment Act 1979 is the state’s primary land use planning statute that governs development assessments, planning administration, planning instruments, building certification, infrastructure finance, appeals and enforcement.

VIC

In Victoria, planning the use, development and protection of land is governed under the Planning and Environment Act 1987. The act outlines procedures for preparing and amending the Victora Planning Provisions and planning schemes.

QLD

Planning Act 2016 in Queensland is the principal legislation that provides the framework for the state’s planning and development system. The act is structured around three main systems: plan-making, development assessment and dispute resolution.

The Planning Act 2016 aims to create an efficient and accountable system of land-use planning and development assessment to protect Queensland residents’ cultural, environmental, economic, physical and social wellbeing.

Australian states and territories may use different DA processes, however, each act has a similar goal which is to ensure new developments do not hurt the environment and society.

Challenges in Navigating Development Applications

The following are some of the common challenges faced by applicants when submitting development applications to their respective local councils.

1. Understanding Complex Zoning Regulations

Understanding land zoning regulations can be a challenge when submitting applications since it involves research, consultations with local authorities, permit applications, public hearings, and coordination with various stakeholders.

Applicants must carefully analyse the zoning regulations specific to the development site and ensure plans align with the designated land use and development standards.

To help you understand zoning regulations, here’s an article you can read on what you need to know about land zoning and zoning maps in Australia.

2. Preparing Required Documentation

Submitting a development application requires multiple documentation which depends on the type of development you’re building.

The typical requirements in development applications include site plans and drawings, landscaping plans, water management plans, environmental impact statements, and traffic and infrastructure impact studies.

A development application may be rejected if insufficient information is submitted to assess the planning proposal. Another factor is submitting poor-quality plans and conflicting reports.

3. Delays Due to Public Objections or Council Processing Times

Delays can happen for reasons such as public objections and council processing times. If neighbours or surrounding properties object to the proposed development, the council will contact applicants to seek a response to the objections raised by various stakeholders.

Council processing times vary depending on the local government agency. Local council authorities may ask for further information about the application delaying the process time.

If the council you are applying to has a high volume of applications or is understaffed, this could also result in a slower response time for your development application.

For many applicants, the process of submitting development applications can be confusing and hard to interpret. To help prevent delays, it’s recommended to get professional advice from architects, town planners or legal experts before filing a development application. These professionals can help to anticipate and address any potential issues ahead of time.

When a Development Application is Necessary

Not all developments require a DA, but here are some cases where a development application is necessary before commencing a project.

1. Building a New House in a Low-Density Residential Area

If you’re building a new house in a low-density residential area, a development application is needed for this project. Since the development is in a low-density residential area.

This type of development could impact the neighbourhood and the environment around it so a DA approval is required before starting the development. The council is needed to notify and consult with neighbouring owners and other stakeholders.

2. Renovating a Heritage-Listed Property

If you plan on renovating a heritage-listed property, you may need to seek development approval from your local council or the Heritage Council. Heritage listings can include relics, landscapes, trees, conservation areas, archaeological sites and buildings.

3. Starting a Commercial Venture in a Mixed-Use Zone

Starting a commercial venture in a mixed-use zone demands a DA. This is because authorising mixed-use development usually requires a zoning change, which may include discretionary review and approval.

Conclusion: The Importance of Development Applications

Understanding development applications is necessary for successful project developments in Australia. DA helps balance development needs with community and environmental considerations.

By requiring developers to submit detailed plans and undergo a thorough review process, development applications help to minimise potential harm and encourage sustainable growth.

Applying for a DA can be complex so it’s recommended to consult with local councils or professionals when planning your next development project.