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Frequently Asked Question
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Consent under Section 138 of the Roads Act 1993 is required for any works or activities in a public reserve, public road way or footpath (nature strip or verge).
For all unclassified roads and many classified roads Local Government is the consent authority with the Roads and Maritime Service giving concurrence or consent on classified roads.
What type of activities require a Section 138 approval?
The types of work requiring approval includes, but is not limited to:
© State of New South Wales and Department of Planning, Industry and Environment 2023
Section 68 of the Local Government Act 1993 specifies a range of activities where approvals are required to be obtained from the local council. These are often in addition to standard development application (DA) requirements and are known as ‘Section 68 approvals’.
What types of activities generally require a section 68 approval?
The following types of activities generally require approval under section 68:
© State of New South Wales and Department of Planning, Industry and Environment 2023
An Occupation Certificate (OC) authorises the occupation and use of a new building or part of a building. For staged works, a Part OC may be issued which allows you to occupy the completed part of the building.
Depending on the particular OC sought, the Principal Certifier must be satisfied the development meets various regulatory standards. These generally include that:
Issuing the OC for the whole of the development is the last step in the formal Development Application (DA) and construction process (though there could be ongoing ‘operational’ conditions such as maintaining appropriate noise levels or landscape maintenance).
An Occupation certificate is required for the use, occupation or change of use of a new building subject to a Complying Development Certificate or Construction Certificate.
Occupation Certificate | Planning Portal – Department of Planning and Environment (nsw.gov.au)
© State of New South Wales and Department of Planning, Industry and Environment 2023
What is an Appointment of a Principal Certifier?
A principal certifier (PC) needs to be appointed by the property owner before starting approved building or construction work. The PC will oversee the construction work, complete mandatory inspections and issue final occupation certificates.
© State of New South Wales and Department of Planning, Industry and Environment 2023
Before you start any building or construction work, you’ll need to apply for a construction certificate (CC) via the NSW Planning Portal.
This certificate confirms that your construction plans and development specifications are consistent with the development consent, as well as complying with the Building Code of Australia and council requirements. Your application should include detailed building plans, engineering details and specifications.
The plans will likely contain a lot more information than your approved development application (DA) plans to allow your builder to work directly from them.
The building must be consistent with CC documents and he development consent. Any changes to your plans that are inconsistent with the DA plans will need to be assessed and a subsequent application to modify the development consent may be required.
Construction Certificate | Planning Portal – Department of Planning and Environment (nsw.gov.au)
© State of New South Wales and Department of Planning, Industry and Environment 2023
Complying development is a fast-track approval process for straightforward residential, commercial and industrial development.
Complying development approvals i.e. a Complying Development Certificate (CDC) can be issued in as little as 20 days. These fast-track approvals are determined by council or an accredited certifier without the need for a full development application if the proposal meets specific development standards.
Complying development generally includes larger building works than exempt development. For this reason, ‘sign off’ by a building professional (known as a certifying authority) is needed.
Complying Development | Planning Portal – Department of Planning and Environment (nsw.gov.au)
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Local development is the most common type of development in NSW and needs approval via a development application. Projects range from home extensions to medium-sized commercial, retail and industrial development.
© State of New South Wales and Department of Planning, Industry and Environment 2023