State Planning framework
Planning and development is carried out under the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000. State Government strategies, policies and plans guide the future of Sydney and NSW and Councils must address them in their local plans.
Key NSW State Government policies applicable in Botany Bay Local Government Area are:
State Environmental Planning Policy No 14 – Coastal Wetlands
State Environmental Planning Policy No 19 - Bushland in Urban Areas
State Environmental Planning Policy No 33 - Hazardous and Offensive Development
State Environmental Planning Policy No 55 - Remediation of Land
State Environmental Planning Policy No 64 - Advertising and Signage
State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development
State Environmental Planning Policy No 71 Coastal Protection
State Environmental Planning Policy (Affordable Rental Housing) 2009
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004
State Environmental Planning Policy (Infrastructure) 2007
State Environmental Planning Policy (State and Regional Development) 2011
State Environmental Planning Policy (Three Ports) 2013
A Plan For Growing Sydney was released in December 2014 and is the current preeminent State Government future planning document.
The NSW Government has also prepared a Draft East Subregional Strategy, which was exhibited between 20 July to September 2007. The Draft Subregional Strategy is currently being updated by the NSW Department of Planning & Environment.
Local Planning framework
Proposals to build, demolish, alter or change the use of a building or land are all considered within a framework of planning strategies and controls. Botany Bay’s local planning framework consists of the following key elements:
Council can provide information on zoning and planning controls via a Section 149 Planning Certificate.
Botany Bay City Council is responsible for the assessment and regulatory control of all types of local development carried out within the City of Botany Bay. The Council ensures that development is undertaken in correct and orderly manner taking into account the potential impact of development on local residents and the environment. The Council also ensures compliance with Council issued approvals, including construction certificates, and policies and in accordance with the Environmental Planning and Assessment Act 1979.
The development assessment process involves the submission to Council of a Development Application that seeks the consent for works including, but not limited to, building or construction work, landscaping, land use or building use, subdivision, strata, demolition and signage. Details on the requirements for development are found in the Development Application Guide.
Pre-Development Application Lodgement Service
The Botany Bay City Council offers a formal pre-Development Application lodgement Service, which is aimed at identifying key issues at an early stage, prior to the lodgement of your Development Application.
You can meet with relevant senior staff to get early advice on your development proposal. Formal correspondence is provided, outlining any issues that should be considered prior to the lodgement of the Development Application. The service aims to provide a better understanding of the Development Application process and ensures there is consistency and continuity in advice provided by Council.
For large or complex proposals it is advisable to have a formal pre-lodgement meeting. Pre-DA Meetings can cost between $600 and $3500, depending on the value of the development. Experience shows that pre-DA meetings save applicants time and money by improving their understanding of the process and identifying and resolving issues earlier rather than later.
Design Review Panel
The Design Review Panel is a pre-lodgement service that provides an opportunity to meet with a Panel of Independent Urban Design and Architectural Experts to provide early feedback on a development proposal. These meetings provide feedback and highlight issues which need to be addressed before the submission of a development application and allow for smoother processing of the application. All new commercial, industrial, multi-unit housing and residential flat buildings are required to be presented to the Design Review Panel.
Panel cost varies between $2500 and $4000 depending on the size of the development. A deposit of $2500.00 is required to be lodged with the submission of a Design Review Panel Form and plans. The remainder of the cost will be sent in an invoice to the Applicant after the meeting.
Resident Consultative Meeting
Council will refer a contentious Development Application or one that involves an extension to the trading hours of a licensed premises to a Resident Consultative Meeting. Both the Applicant and the Objectors will be invited to attend. The purpose of the Meeting is to address the issues raised by residents in an open forum.
A Construction Certificate is required for all building work that requires development consent, as well as for any construction work associated with a subdivision. A Construction Certificate may be issued by either a Council Certifier or an accredited private certifier.
Building Safety & Essential Services
Essential Services are safety installations in a building that assist in reducing risk to life and property in the event of an emergency for example a fire. They include, but are not limited to, equipment and protective devices such as fire hose reels, emergency lighting, fire doors and new or alterations to existing developments. The Building Code of Australia requires the installation of essential services and upon installation the owner or agent must issue an Installation Certificate stating that the services have been inspected by a competent person and installed to the relevant standards. Every twelve months after the Installation Certificate is issued a Maintenance Certificate indicating that the particular essential service is being maintained must be prepared and forwarded to Council.