Development Application (DA)

If you want to make any modification to a building in Australia, you may need to drop a Development Application (DA) at first to get the permission for the project. Modification of a building is not that simple in Australia. You will have to get a construction certificate along with a Development Application in order to go for it. Based on the Development Application, your local council will come up with a “development consent” which will give you the eligibility to start working on a particular building or structure.

However, if you are planning to conduct some minor changes to the building like fencing it or simply painting, then such cases are seen as "Exempt Development" and won’t require any consent from the authority. It is suggested that you contact with your local council to get detail information about what are the developments that requires the DA and what are the ones that doesn’t.

How to Get an Application Form

In most cases, you will find the application forms available in the websites of the councils which can be downloaded. It is important that you read the whole form thoroughly to make sure that you are submitting all the necessary items along with the application. If you have any confusion regarding the procedure then do not hesitate to ask the right person who will be able to help you out by providing the specific information. A pre-lodgment meeting with the planning staff of the Council will inform you about the possible problems that you may encounter and how to deal with them when you go for the DA.

Things that you need to submit with the application

Normally, it requires the applicant to come up with the consent from all the registered owners, detail information about the proposed development, a statement regarding the environmental impacts and as many as six sets of drawings. In addition to this, sometimes you may have to come up with a statement of heritage impact. Make sure that you are aware of the required fees and filling up the form correctly so that you can avoid any sort of delay. Also, don’t forget to apply for a Construction Certificate if you are planning to go for a building or structural work. This will certify that your construction plan complies with the Building Code of Australia. You will need it before you can proceed with the project.

How long will it take to get your application processed?

The duration of processing an application significantly varies from Council to Council and will depend on the complexity of the application. After the Development Application is lodged, a Council will need to process it within 40 days. If it fails to process the application within the timeline, an applicant can appeal to the Land and Environment Court. However, you need to accept the fact that it may take some time for a Council to process a DA. So you need to be patient.

The Assessments

The Councils assesses all the Development Applications against the provisions in the Environment Planning and Assessment Act 1979. While processing an application, a Council considers suitability of the project, interest of the general people and the impact of the development. Once your application gets the approval, you will be provided with a ‘notice of determination’, which will include the details of all the conditions that you will have to comply with when you go for the development. In addition to this, if your project involves any construction then you will be provided with a construction certificate.

What options do you have if your application gets rejected?

Now if your application gets rejected, you have the right to apply to the Council for a review of the refusal. You can also file an appeal to the Law and Environment Court regarding the issue. But you will have to do this within 12 months.