The Development Assessment process involves five stages: Application, Referral, Information Request, Public Notification and Decision. Not all applications require all five stages, however, the Application and the Decision Notice are mandatory for all development applications.
The key timeframes for the DA Process are outlined below. Contact us here to discuss this process and start your own Development Application today.
Part 1 – Application
Following the lodgement of an application a Confirmation Notice is issued.
A Confirmation Notice must be issued by the assessment manager within 10 days of lodging the application. The response will be to confirm the application and identify whether Public Notification is required. It will also show on the notice whether any Referral Agencies or Third-Party Advice Authorities are required to make comment or issue their own Conditions of Approval.
Parts 2 and 3 – Referral and Information Request
If the application is required to be referred to a Referral Agency for additional assessment, the referral agency has 25 days to provide a Confirmation Notice. If the Referral Agency requires more information an Information Request can be issued. Council may also issue their own Information Request and the time frames to respond can vary but they often allow 3 – 6 months to respond with a chance to request an extension.
Part 4 – Public Notification (Only for Impact Assessable Development)
Public Notification usually needs to be carried out for a period of 15 business days. At the start of this period the Applicant will arrange for an advertisement of the development in the newspaper and will need to notify owners of adjoining premises (and keep the evidence that this has been completed). The Applicant must also place a sign on all publicly accessible frontages for the whole period. During this period the public can make Properly Made submissions (for or against a proposal) which the Assessment Manager may consider when making a Decision.
Part 5 – Decision
The Assessment Manager has 35 business days to make a Decision on the application. Following the release of this Decision Notice the applicant has 20 business days to make a submission or a request to Negotiate the Decision Notice and the Conditions of Approval. For Impact Assessable Development, those who submitted against the proposal can appeal the decision or conditions of the approval and sometimes may take the matter to the Planning and Environment Court for mediation or a ruling. However, this is not common as it is both a costly and slow process.
Assuming there are no changes to the Decision Notice, the Owner can carry out the development subject to the Conditions of the Approval.
An overview of the DA rules can be found here.