Building Surveying: Development Application Requirements

Development Approval Categories and Required Documents

Checking the Kind of Approval Needed

It is always a priority to determine the type of approval required before proceeding with any development proposal. Under New South Wales planning legislation, development generally falls into one of three categories: exempt development, complying development, or development requiring a full development application.

Exempt Development

Many minor changes to buildings — such as interior renovations and other work touching on non-structural parts — may fall under the exempt development category. Retention of fences, walls, blinds, awnings, greenhouses, gazebos, sheds, privacy screens, enclosures, pathways, driveways, decks, internal non-load-bearing structures, maintenance repairs, and landscaping are among the works cited as exempt (NSW Government, n.d.). If the proposed alterations comply with all exemption requirements set out in the NSW State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, they may proceed without securing consent from the Council.

Complying Development

Internal and external changes that are not exempt must satisfy complying development criteria. Complying development refers to a specific class of low-impact development that complies with criteria already established either by the Environmental Planning Policy of the state or by a Council Local Environmental Plan (NSW Government, n.d.). If a proposal satisfies the full set of complying requirements under the Exempt and Complying Development Codes 2008, a complying development certificate is required before work commences.

Development Requiring a Development Application

Where a development does not meet either the complying or exempt criteria, it requires lodging a development application (DA) with the Council. If approval is granted, a construction certificate is also required before building work begins. The project under assessment is an extension to an existing dwelling — not a new construction — but it does not meet the exempt criteria. The information provided is insufficient to determine whether it falls within the complying development category. It is therefore concluded that the development requires a full development application.

The documents required for the development application include:

• An architectural plan model (required if works are valued above $1.3 million)
• A Statement of Heritage Impact, if the site is affected by heritage considerations
• A parking and traffic impact study, required for multi-residential and commercial developments
• The Australia Building Code (BCA) documentation, particularly where BCA provisions may affect building design
• An acoustic report, if the proposed project may generate noise effects or involves residential construction on Spit and Military Roads
• Where works are classified as Integrated Development, additional fees and documentation are required for submission to relevant government agencies such as the National Parks and Wildlife Service; the Council should be contacted for further information
• An arborist report
• A schedule of new building finishes
• A geotechnical report
• A BASIX Certificate (Council, n.d.)

If information is missing from the checklist, the application will be returned with a letter specifying what is required. If all requirements are satisfied, the application will be officially lodged and the assessment process will begin.

Compliance with Statutory Requirements

The Planning, Development and Infrastructure Act 2016 (PDI Act 2016) outlines the statutory requirements for approving development applications, including alterations and additions to buildings.

General Design Criteria

The proposed development includes articulated facades designed to avoid a bulky appearance. The project achieves this through elements such as setbacks and modulation in the construction of walls, verandahs, pergolas, and balconies. According to the planning documents, the building is constructed from the ground upwards, with ground floors positioned at a level close to the natural ground level. Ceiling heights are standard and the roof pitch is not exaggerated (Municipal Council, 2004). The project includes multiple dwellings with a clear entrance hierarchy, and direct street access is provided to ground-floor dwellings, which have a lobby entrance distinct from individual dwelling entrances.

The design of the alterations and additions demonstrates architectural concordance with the existing buildings. The first-floor additions have been integrated into the overall design to prevent the new work from dominating the street, the existing building, or neighbouring structures in terms of bulk and scale. The structures conform to the originals in terms of massing, proportion, and existing fabric. The proposed portion of the building is smaller than the original.

Roof Design

The following roof characteristics have been taken into consideration: material, scale, gable configuration, symmetry or asymmetry, and eave and verge details. The alterations respect the design of the original structure. The roof type, material, and pitch — along with the proportion of doors and windows and the ratio of voids to solids — are all important in achieving a compatible design (Municipal Council, 2004). The original materials have not been altered. The new development is readily distinguishable from the original construction.

Development Details and Building Materials

The additions and alterations restore architectural detailing — including barge boards, finial trim, awnings, and verandahs at the front — by selecting appropriate profiles and trim for heritage items and conservation areas. Face brickwork and painting over original wall treatments should be avoided. Careful attention has been given to brick bond usage in any modifications to face brick buildings. Attention has also been paid to the formation of window heads and the use of tuck pointing on mortar joints. New windows have been integrated with the existing fabric to ensure that their proportions, details, and materials are consistent with those of the original buildings (Municipal Council, 2004). New elements reproduce the period detailing of the base building and respect the scale and form of the immediate surroundings.

Statutory regulations require that additions be sited carefully — preferably at the side or rear of the structure — to avoid alterations to the street façade and to limit the impact of change. In this project, the alterations and additions are located at the front. Notwithstanding this, the project remains appropriate because the additions include a garage, which must be sited at the front by necessity.

Taking into account the details provided above, it is apparent that the project complies with the statutory requirements for its implementation.

Council Documentation Requirements vs. Legislation

The Council includes a range of planning policies that either vary from or add to the statutory legislation. The key areas covered by the relevant Development Control Plan are as follows.

Design and Building Form

Council policy requires that:

• Intrusive elements — including post-WWII blocks and Inter-War flats — be altered to reduce inappropriate form and scale, addressing issues such as window proportions, porticos, balconies, out-of-character modern brickwork, and landscaping.
• Late Victorian, Inter-War, and Federation residential houses with pitched tiled roofs, shingle cladding, and verandahs be retained.
• Multiple dwelling developments be designed to respect the proportions, scale, form, and materials of Federation, Victorian, and Inter-War houses without imitating their specific architectural details (Council, 2018).

Fences

Front fences should be constructed low to allow views of dwellings and their front gardens. High fences may be acceptable on Rangers Street Avenue for the purpose of reducing noise.

Landscaping

• Rock outcroppings and sandstone cliffs should be retained.
• Selected trees should be used to provide structure and a point of reference between residential and garden spaces. Distinctive valley slope trees such as the Sydney Peppermint and Sydney Red Gum should be allowed to grow freely. Flame trees and jacaranda are among other appropriate species.
• Traditional gardens in the area feature enclosed grass spaces defined by shrub plantings that form both formal and informal hedges.
• The landscape character should be maintained, and the development of formal gardens visible from Sydney Harbour should be discouraged.

Streetscape

• Underground power lines should be identified for new developments on Avenue Road, Musgrave Street, Boy Street, Rangers Avenue, and Raglan Street.
• Access in Badham Avenue and Trumfield Lane should be improved through lane widening.

Views

• Boundary fences should allow public views to the water.
• Public views between buildings as seen from streets and walkways — and those identified on the landscape plan — should be maintained (Council, 2018).

Assessment Checklist and Application Requirements

The following documents must accompany all development applications:

• A properly completed development application form
• Applications must include all required information as indicated in Section 2 of the DCPs
• DA fee
• A USB and CD containing each plan and required document as separate PDFs saved in Adobe format
• Scaled architectural plans including a site plan, sectional details, and elevations
• A site analysis plan
• 10 copies of a reduced A4 plan for notification purposes
• Landscape plans and calculations
• Concept drainage plans, which may require installation of an on-site detention system or the creation of an easement through the adjoining property
• Shadow diagrams

The following documents should also be supplied where applicable:

• An architectural model, required where the project value exceeds $1.3 million
• A Heritage Impact Statement, if the project is affected by heritage
• A parking and traffic impact study for multi-residential and commercial developments
• An acoustic report where the proposal is likely to generate noise effects, or for residential construction on Spit and Military Roads
• Where works are classified as Integrated Development, additional documentation and fees are required for submission to relevant government agencies
• An arborist report
• A plan of finishes for new buildings
• A BASIX certificate
• A geotechnical report