Lodging an application


The Planning Division is responsible for the assessment of a range of applications for building, development, subdivision and land use proposals.


Types of Applications

On 1 July 1998, amendments to the Environmental Planning and Assessment Act commenced which changed the process for the assessment of applications. Building, Development and Subdivision applications are now called Development Applications and are assessed under the Environmental Planning and Assessment Act. Applicants are able to apply for the assessment of a proposal in a single application (covering subdivision, development and building approvals) or in stages.


The general application process is:

  1. Development Consent - the approval of the development
  2. Construction certificate - the approval of the building construction specifications.
  3. Occupation certificate - authorises the occupation of the development.
  4. Subdivision certificate - authorises the registration of the plan of subdivision for the development.
  5. Compliance certificate - indicates that the building work or subdivision has been completed in accordance with the approvals issued.

Development Applications

Council assesses Development Applications for:

  • the use of land;
  • the subdivision of land;
  • the erection of a building;
  • the carrying out of work;
  • any other matter listed in the Hornsby Shire Local Environmental Plan 1994, State Environmental Planning Policies or Regional Environmental Plans.

Currently, development requires Council consent through the assessment of a Development Application, although some exceptions apply.

Council classifies development proposals into two categories:

  • Category 1 Applications - major development proposals including the construction of multi-unit housing, commercial and industrial development.
  • Category 2 Applications - minor development proposals including the construction of dwellings, extensions and alterations.

In February, 2000, Council amended the Hornsby Shire Local Environmental Plan. The amendments include categories of:

  • Exempt Development - no Council approval required.
  • Complying Development - routine development which can be certified as complying with predetermined standards.  Applications will be able to be assessed by Council or private accredited certifiers.
  • Local Development - more complex development proposals that require Council approval.
  • State Significant Development - development of State or regional significance where the Minister for Urban Affairs and Planning will be the consent authority.
  • Advertised Development - where local development is exhibited in a more comprehensive manner.
  • Designated Development - local or State significant development which requires the preparation of an Environmental Impact Statement.

Council is responsible for coordinating approvals from other Government agencies for Integrated Development which provides applicants with a "one-stop shop".

The fees for development applications are regulated by the State Government and vary depending on the type and cost of the development. See Council's current Summary of Fees.

Council advertises the receipt of applications and notifies surrounding residents. Council encourages the lodgement of written submissions supporting, opposing or commenting on applications. The comments contained in submissions are addressed in the assessment reports and submittors are advised of the outcome of the application following the determination. The applicant and submittors are invited to attend the Planning Committee meeting (held on the first and third Wednesday of each month) at which the application is to be determined, unless otherwise determined under delegated authority by Council's officers.

You are invited to look at the items Council will be considering at its next meeting and read the minutes from previous meetings by exploring Council's Electronic Business Paper System.

The assessment of Category 2 development applications takes a median time of 35 days and 50 days for Category 1.

Applications for development which increase the demand for community services are required to pay a developer contribution. Council has published the 2001-2003 Contributions Plan which documents the increased demand for services, the cost of providing those services and the developer contribution fee.


Construction Certificates

Construction certificates are issued upon approval of the building construction specifications.

Construction certificates for subdivisions have an engineering assessment fee of $99 per hour (includes GST) depending on the size of the subdivision. A quotation can be obtained from Council.


Compliance Certificates

Indicates that the building work or subdivision has been completed in accordance with the approvals issued.


Occupation Certificates

Authorises the occupation and use of a new building or the change of use of an existing building.


Subdivision Certificates

Authorises the registration of the plan of subdivision for the development.


Strata Subdivision

Strata subdivision is the subdivision of air space and is utilised in multi-storey apartment buildings. It allows each purchaser to own a unit and a share in the common areas in the development.


Planning Certificates

Planning certificates identify planning controls which apply to properties. There are two types of certificates available from Council.

The first type (known as a Part 2 Planning Certificate) is a mandatory inclusion in any contract for the sale of land in NSW. It includes information relating to:

  • land use zones and any proposed changes to those zones;
  • State and regional policies which could affect the land;
  • Development Control Plans which apply to the land;
  • any road widening that may affect the land; and
  • heritage items or heritage conservation areas.

The second type (known as a Part 5 Planning Certificate) provides additional information including:

  • resolutions of Council concerning preparation of any draft Local Environmental Plans that may affect the land; and
  • amendments to Development Control Plans applying to the land that have been exhibited or are on exhibition.

The inclusion of a Part 5 Planning certificate in a contract for sale of land is optional.

The information contained in a certificate changes when planning controls are varied by Council or the State Government. Consequently, the accuracy of a certificate can only be guaranteed for the day of issue. Planning Certificates are normally ready for collection or post within in 3 - 5 working days following the receipt of the application.

Please contact Council's Section 149 Co-ordinator on 9847-6540 or fax 9847-6996 for further information.

An application can be made electronically via Council's Online Services or by completing a Planning Certificate Application Form - 246kb.


Building Certificates

A Building certificate indicates whether a building has been constructed in accordance with the approval issued and whether any part or all of the building requires demolition.

An application can be made electronically via Council's Online Services or by completing a Building Certificate Application Form - 213kb.


Outstanding Notice Certificates

Outstanding Notice/Order Certificates are combined certificates ssued under Section 735A of the Local Government Act, 1993 and Section 121ZP of the Environmental Planning and Assessment Act. They identify whether there are any outstanding notices or orders issued by the Council under the Local Government Act 1993 in respect to the land to which the certificate applies.

Requests can be made electronically via Council's Online Services or by completing an Outstanding Notice Certificate Application Form- 96KB.

Compliance

Development consents contain conditions of approval. The conditions may detail modifications to the development proposal and requirements such as measures to protect trees, minimise soil erosion and specify hours of operation and require development contributions.

During construction, the conditions are monitored by Council's Health and Building Surveyors, Planners, Engineers and Compliance officers. Council officers also monitor the development following construction and investigate any complaints.

If you require further information, please contact Planning Customer Services (02) 9847 6760 or devmail@hornsby.nsw.gov.au.

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