NEW PROCEDURES FOR DEVELOPMENT, BUILDING AND SUBDIVISION CONTROL

As at 1 July 1998 the Environmental Planning and Assessment Amendment Act 1997 (NSW) will be in operation. The Act provides for a single system of assessment for development and building applications and subdivisions this will be known as a "development consent". In most cases the Local Councils will continue to be the decision makers unless the development is not a "local development" but considered a "State significant development". In the latter case such a development would be identified by an environmental planning instrument or by the Minister for Urban Affairs & Planning as being of State or Regional significance and the Minister would be the appropriate consent authority. There will be a new classification of "exempt development" which will remove the need to seek approval for certain minor development such as pergolas, unroofed decks attached to dwellings, bird aviaries, retaining walls, air conditioning units for dwellings and a few others. Local Councils can also add to this list. If a development is not exempt and can be certified entirely as complying with predetermined criteria it will be known as a "complying development". This is a special fast track development such as single dwelling houses in single lots, alterations and additions to single dwellings and shop fitouts involving structural work, that conforms with pre set building requirements (including those under the Building Code of Australia). Additionally the list of complying developments include demolition of structures, limited extension of light industrial/warehousing buildings on industrial estates and some changes of use. For such developments only a complying development certificate from the Local Council or an Accredited Certifier is required in order to proceed. The new Act makes provisions for Accredited Certifiers, being accredited professionals from the private sector which can be engaged by both applicants and Local Councils to check compliance with procedural and technical aspects. Accredited Certifiers will also be able to certify whether applications for "complying developments" conform with pre-set requirements and provide complying development certificates, complying component certificates, completion of work certificates and subdivision certificates. Maria Townsend mariat@gells.com.au

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