If you are building or changing the way you use your land you may need a development application and/or a building permit.
development application relate to the use of land in accordance with the planning scheme. A development application allows land to be subdivided, developed or used for a particular purpose, such as the use and construction of a house and any associated works; tree removal or to operate a business or other commercial activity.
When a development application is required, it will need to be approved prior to a building permit being issued. A building permit must be consistent with requirements of the development application.
Prior to commencing any works talk to a planner to see if a development application is required, and then find a building team to discuss obtaining a building permit.
Do I need a Development Applicaiton?
Council's planning schemes and the detail when a development application is required.
Applying for a Development Applicaiton
Once it has been determined that a development application is required for your proposal, a planning application must be made. A development application is a legal document which gives permission for a specific use or development.
A completed Application for development application form, along with the fee is required when submitting an application for development. The application requirements may differ depending on the type of application and the fee is determined based on the cost of the development.
Understanding the Development Application Process is one of the first things you will need to know. This will help you understand the bigger picture under which your application will be determined. It's also important to know that all development applications are governed by the Sustainable Planning Act 2009 and will be assessed against the Bulloo Shire Planning Scheme 2006.
The Development Application Process generally consists of five stages:
- Application stage
- Information and referral stage
- Notification stage
- Decision stage
- Compliance stage
A hardcopy of the Bulloo Shire Planning Scheme can be purchased from Council.
Alternatively, the Planning Scheme is also available on Council's website.
The zoning of land is used to determine if planning approval is required for various developments, the level of assessment required, and the type of development that is appropriate in the various parts of the region.
The zoning of land under the planning scheme is not the same as the categories used for rating purposes, i.e. the category which would appear on your rates notice.
To find the zoning of your property, use the Legend in the Zoning Maps ‘Town of Thargomindah’, ‘Town of Hungerford’ and ‘Town of Noccundra’ on page 196 of the Planning Scheme.
Time Frame for Processing of Application?
Every development application lodged with a Council must be dealt with in accordance with the statutory requirements and processes of the Sustainable Planning Act (SPA) and the associated IDAS procedures.
In terms of overall timeframes and to assist with project scheduling, a period of at least two to three months should be adopted for completion of all necessary procedures and receipt of Council’s decision.
Once the application is “properly made” as required by SPA/IDAS:
- Council will issue an “acknowledgment notice” to the applicants
- The development application will then be referred to ‘referral agencies’ i.e. TMR (Council has agreed to carry this out on applicants behalf, to save time for the applicants.)
- Referral Agency may issue an information request.
- On finalisation of any such matters, Referral Agency will issue their concurrence agency response, which will likely include conditions
- After any Referral Agency information request is responded to by the applicants, the application will require public notification (for 15 business days minimum) (Again, Council has agreed to prepare the necessary documentation and carry this out on your behalf, to save time for the applicants.)
- After this, and depending on the Referral Agency response and any submissions which may have been lodged during the public notification period, Council will be in a position to finalise the DA and decide the application.
The best way to ensure development applications can proceed with least time delay is to ensure the development application material fully addresses and incorporates all necessary information