Some development proposals, because of their nature, also require an approval, license or permit, from another State Agency or Department, before Council can approve the Development Application. The requirements to refer a Development Application to a Government Authority are listed in Section 91 of the Environmental Planning and Assessment Act. These development proposals are classed as 'Integrated Development'
HOW DO I KNOW IF APPROVAL FROM A GOVERNMENT AUTHORITY IS NEEDED?
Before lodging your Development Application is it recommended that you discuss your proposal with Council's Economic Development & Tourism Coordinator. At this pre-lodgement meeting, Council's staff will tell you whether your development is 'Integrated Development' and the type of approval(s) required. As a guide, if you answer 'Yes' to any of the questions in the following check list your development will be classified as 'Integrated Development'.
If you are planning to remove native trees or bushland in non-urban areas, you will need approval under the Native Vegetation Act from the Hunter Central Rivers Catchment Management Authority. Please obtain a copy of the Native Vegetation Guidelines from www.hcr.cma.nsw.gov.au
WHAT DO I NEED TO DO IF MY PROPOSAL IS INTEGRATED DEVELOPMENT?
In the first instance, make an appointment with Council Economic Development staff to discuss the information that you will need to provide with your Development Application. Council may also advise you to liaise with the relevant Government Authority prior to lodging your Development Application.
In lodging your Development Application you must:
Complete the 'Application for Development Consent Form'. In Question 11 - Integrated Development,
you need to tick the appropriate box(es).
Provide an additional copy of all Application documentation for each State Government Agency that
you require an approval from.
Provide a separate cheque(s) for $250 payable to each relevant State Agency.
Provide an additional $110 administration fee payable to Council for each Development Application
WHAT HAPPENS NEXT?
Once your Development Application is lodged with Council, Council Officers will check that you have provided all necessary information and then refer your application off to the relevant State Agency. The Agency will then assess the Application and advise Council either of its general terms of approval or refusal. These general terms of approval (GTAs) will be attached to any Development Consent issued by Council.
If an Agency refuses to issue GTAs, Council is unable to grant approval. The development application will be refused.
HOW LONG WILL IT TAKE?
The development approval process is generally within 40 days for development not requiring consent from a State Agency, however, in the case of Integrated Development the statutory time-frame for an approval is 60 days. Council Officers will notify you should any additional information be required by either Council or the State Agency. In this case, delays beyond the 60 day period may occur.
INTEGRATED DEVELOPMENT CHECKLIST
Check through the following questions to determine whether you need any of these approvals. If you have identified one or more of these approvals, please tick the relevant box in Question 11 of the Development Application Form. Also make an appointment with Council's Planning Officers to discuss your proposal. More detailed information on Integrated Development is available on Council's website under 'Planning' and then 'Development Applications' and in Section 1.8 of the Dungog Shire-wide Development Control Plan No 1.
Do you want to carry-out aquaculture?
You need a permit under Section 144 of the Fisheries management Act 1994 from NSW Fisheries.
Dredging or Reclamation
Do you want to carry out dredging or reclamation work in a waterway (stream, river, lake)?
You need a permit under Section 201 of the Fisheries Management Act 1994 from NSW Fisheries.
Does your development involve a building, place or land that has a permanent conservation order, an interim conservation order or an interim heritage order protecting it, or which is listed with the State Heritage Register?
You need an approval under Section 57 of the Heritage Act 1977 from the NSW Heritage Office. (Check with Council as it may be able to grant this consent - and if so, the proposal will not be classed as Integrated Development).
Do you want to destroy, damage, disturb or otherwise harm an Aboriginal relic that is known to exist on the land you want to develop and /or does your proposal involve land that has been declared to be an Aboriginal Place?
You need an approval order under Section 90 of the National Parks and Wildlife Act 1974 from the Department of Environment and Conservation (formerly the National Parks and Wildlife Service).
Pollution / Designated Development
Will your development create noise impacts or discharge any substance into the air or waterways?
You are likely to need a license under the Environment Operations Act 1997 from the Environmental Protection Authority.
Use of River and Groundwater
Does your development involve irrigation, harvesting or supplying water and/or drawing water from a river or groundwater source, or changing the course of a river, and/or impacting on the flow or quality of water in a river?
You will need a licence under the Waters Act 1912 from the Department of Infrastructure, Planning and Natural Resources.
Rivers & Foreshores
Does your proposal involve any earthworks or excavation on land within 40m of a stream, river or lake?
You will need a permit under the Rivers & Foreshores Improvement Act 1948 from the Department of Infrastructure, Planning and Natural Resources. However,
If your proposal involves a single dwelling, dual occupancy or alterations and additions to an existing dwelling or dual occupancy, no permit is required.
Is your development located on land that is shown on Council's Bushfire Map as being bushfire prone.
You will need authorisation to develop under Section 100B of the Rural Fires Act 2002 from the Rural Fire Service for subdivision or special fire protection purposes. Special Fire Protection Purposes are defined in the Rural Fires Act (see www.rfs.nsw.gov.au)
Dungog Shire Council | 198 Dowling St Dungog
Ph: (02) 4995 7777 Fax: (02) 49957750