Housing, property and land

What is development

Some examples of development include:

• building or extending a house
• shed or garage
• carport
• granny flat
• demolition
• fence over two metres high
• swimming pools
• significant tree pruning or removal
• change in the use of land
• the removal or alteration of a state heritage place.

Development activities are defined under the Development Act 1993.

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What is a development approval

Development approval is a legal document that allows a development to occur. Development approvals specify the design and other standards that the development must follow - ie plans for the location and design of the buildings and the structural details for the buildings. The development approval will specify the timeframe within which the development should occur.

Development approval can be made up of one or more types of consent. The three consents are:

1. development plan consent
2. building rules consent
3. land division consent.

Development approval cannot be granted until each type of consent that may be required for a development has been obtained.

Development plan consent

• Required for development that impacts on others or an area - eg new homes, changing use of premises.
• Development plan consent is considered by a planner who assesses the application against the development plan, the Development Act 1993 and the Development Regulations 2008.

Building Rules Consent

• Required for development that involves construction or buildings and structures - eg building a house, garage or other building.
• Building consent is considered by a building surveyor who assesses the application against the technical requirements of the Building Code of Australia.

Building consent can be issued by your local council or a private certifier – see Using a private certifier.

Land Division Consent

• Required for development that involves the movement of boundaries between properties - eg the amalgamation or creation of new allotments.
• Land division consent is considered by a planner and is assessed by both the state government and the local council.

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How to lodge a development application

A range of information is needed to assess applications, with some applications needing more information than others. To avoid delays, all necessary information should be submitted when the application is lodged.

For development, building and land applications the following documentation must be provided to your local council:

• Development application form (PDF 16KB)
• certificate of title (three copies)
• Development application fees (PDF 131KB)
• site plan (three copies).

For an alternative version of these documents see Planning contacts.

Plans must be prepared and submitted in accordance with Schedule 5 of the Development Regulations 2008.

For help with applications or obtaining the appropriate documentation see Submitting development applications.

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Activities that do not require a development application

Minor home improvements that are commonly undertaken do not require development assessment or approval. These include:

• small sheds
• pergolas
• decks
• small shade sails
• solar panels
• water tanks
• roller doors
• certain fences
• small retaining walls.

To find out more information on criteria contact your local council.

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More information

Other websites

Downloads

What is planning Fact Sheet (PDF 989KB)
Development applications guide to applicants (PDF 68KB)
Land division guide for applicants (PDF 1MB)
For an alternative version of these documents see Planning contacts.

Legislation