What is a Development Application?
Everything you need to know about NSW Development Applications
What is a Development Application?
Property owners are generally allowed to make minor alterations to their buildings and property without council approval, such as installing fences or a garden shed. However, if any changes have the potential to impact the surrounding environment, including neighbouring properties, permission from the local council may be required. A Development Application (DA) covers these types of development, which can range from simple works, such as a rear extension or pool, to more complex developments such as an apartment development or a row of townhouses.
Why object to a Development Application?
Once a DA has been approved and built, there may be vast ramifications for neighbours. Privacy may be infringed upon by elevated decks, balconies or even window placement. Sunlight may become restricted due to a second-storey extension, and the choice of architecture may conflict with the unique character of a street.
Unless objections are raised, neighbours may be powerless to protect their quality of life, their homes, and their beautiful streetscape.
Development Application Timeline
Once a DA has been lodged, a set process takes place that will lead to either an approval or refusal of the proposed development. There are four main steps in the DA process, namely:
1. Lodgement (2–5 days)
Applicant lodges the DA and the council registers the application. It is common practice for the property-owners submitting a DA to use a consultant town planner to convince the council to grant approval. It is not uncommon for false or misleading claims to be made in the applicant’s statement (known as the Statement of Environmental Effects or ‘SEE’), in an attempt to downplay or hide potentially harmful or disruptive effects on the neighbourhood. The SEE is meant to provide a professional and unbiased appraisal of the DA against applicable laws and regulations for town planning.
2. Exhibition (14–30 days)
The council advertises the DA to nearby property owners, who can then submit objections over a specified time period, subject to extension. Providing a strong rebuttal to the SEE is essential to ensuring the council does not simply accept its conclusions without fully considering the impacts of the proposal. At iObject, we seek to counter any false claims in the applicant’s SEE using detailed planning argumentation, offering an alternative planning appraisal of the application (otherwise known as a ‘Counter-SEE’).
3. Assessment (2-5 months)
The council’s assigned town planner, known as the assessment officer, will assess the DA against applicable laws and regulations, whilst reviewing all submissions from the public, including neighbours’ objections. DA assessment is often a lengthy process involving the input of various council experts, such as engineers, heritage planners, traffic planners and arborists. These officers will review and provide comments on the DA for the consideration of the assessment officer.
During this stage, the council may request additional information from the applicant, which could require amended plans or further documentation; otherwise the DA may be refused. If there are major design changes at this point, the council may re-notify neighbours (i.e. a re-exhibition) of the amended plans, opening the way for further submissions.
The assessment process concludes with the officer’s assessment report, containing their evaluation of the DA, along with a recommendation of approval or refusal.
Neighbours who may have objections to a DA are much more likely to get the outcome they seek if the applicant is kept accountable. At iObject, we have found that advocating for neighbours’ concerns with the assessment officer can ensure these concerns are given full consideration by the council or panel members determining the application. By using the same regulatory language as the assessment process, any technical matters requiring further action by the council are more likely to receive a fair hearing without being dismissed.
4. Determination (<1 month)
Generally, if the DA is deemed simple and non-contentious, then the assessment officer can make the final decision via what’s called ‘delegated authority’. More complex or contentious proposals may be referred to a Local or Regional Planning Panel, or the NSW Independent Planning Commission, for determination. Panels consist of a small group of industry experts plus one community representative. Submitters usually have the opportunity to present their case at this meeting, during which time the applicant may also defend their proposal against any objections. Typically, most DAs will not proceed to a panel for determination and will instead be determined via delegated authority. iObject’s professional planning objection service offers neighbours professional expertise in championing Council for a fairer outcome. Speak to one of our consultants here.
Who can object to a Development Application?
Objections are usually made by neighbouring landowners, and can even include those intending to buy land within the vicinity of a proposed development. However, anyone in the community can make a submission in relation to a DA - whether by way of objection, or in support of the development. Objectors can allow others to prepare a formal objection on their behalf instead of attempting to write one themselves.
It is common practice for the owners of the property that are submitting a DA to use a town planner to persuade the council to grant approval. Neighbours who might be negatively affected can either match this professional support by hiring a town planner to convince the council otherwise, or self-represent at their own risk - much like going to court without a solicitor.
In an unequal contest where neighbours are not represented by a town planning expert, the applicant’s consultant planner may carry the most credible arguments to win over the council, effectively unopposed. As such, responding with strong counter-arguments from a suitably qualified town planner is the best approach to ensuring neighbours’ planning rights are protected.
iObject specialises in preparing detailed objections to councils on your behalf. Our expertise empowers you to proactively address concerns, preserving your neighbourhood’s unique character and guarding against unwelcome changes. Our planning objection service offers landowners the opportunity to fix their neighbour’s DA before it becomes an approved and unwanted problem.
For this reason, iObject keeps track of DAs and informs neighbours of the proposed development – often ahead of the council’s notification letter. The iObject team will work with neighbouring landowners to investigate potential problems with a DA, formulate submissions that bring these issues to the attention of the council, and engage with council staff in an effort to reach a more reasonable development outcome.
My neighbour never lodged a development application to council. How did their development get approved?
In certain cases and for specific residential developments, a DA may not be needed to authorise works. There are two other common avenues for development, which come under either ‘Exempt’ or ‘Complying’ development, as governed by the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
If the development has not come under either Exempt or Complying development, the works may be unapproved and illegally built. To learn more about what landowners can and can’t do under the ‘Exempt’ or ‘Complying’ development Codes, refer to the Department of Planning webpage.
Who determines the outcome of a DA?
DAs in NSW are mostly determined by local councils. In the vast majority of cases, DAs are determined by council staff (i.e. via delegated authority), with government figures from 2024 showing approximately 85% of all DAs in NSW were approved this way. Some DAs may be referred to the NSW Independent Planning Commission, a regional planning panel or a local planning panel for a decision. On the other hand, larger scale projects deemed to be State Significant Developments, such as the Harbourside Shopping Centre or the Sydney Fish Markets, are usually determined by the Minister for Planning or a delegate.
How do authorities make a decision on a DA?
The DA property must be inspected by the assessment officer and the application assessed in accordance with the Environmental Planning and Assessment Act 1979. The act provides a non-exhaustive list of considerations that must be assessed which includes:
An environmental planning instrument such as a Local Environmental Plan (LEP) or State Environmental Planning Policy (SEPP)
A development control plan (DCP), often prepared by the local council
Any submissions received either for or against the DA
Environmental, social and economic impacts
Site suitability
Public interest
Any other planning instrument which may affect the site
All 128 councils in NSW have a specific set of planning controls and development standards that Development Applications are judged against. These are called Local Environment Plans (LEPs). A LEP is a statutory planning instrument that governs matters such as land zoning, building height, floor space ratios and minimum subdivision lot sizes. Councils and other authorities will take LEP guidelines into account when making a determination on a DA, as well as submissions from the community and consultants, such as iObject.
DCPs complement LEPs by offering more detailed planning and design guidelines, such as in relation to landscaping, building setbacks, roof and window design, and maintaining local character. A DCP is a non-statutory planning instrument, which allows for deviation from controls under certain circumstances.