Planning and Development Advice

A Development Application (DA) is an application for consent under Part 4 of the Environmental Planning and Assessment Act 1979 (EPA Act) to carry out development. It is important to note that a complying development certificate is not a DA.

‘Development’ can include the use of land, the subdivision of land, the erection of a building, the carrying out of a work, the demolition of a building or work, or any other act, matter or thing that may be controlled by an environmental planning instrument.

Council officers undertake an assessment of a DA which generally involves consideration of environmental impacts as well as notification and consultation with neighbouring properties and the broader community in order to ensure community input.

The NSW Department of Planning, Industry and Environment has prepared a guide that explains the process and assists with the preparation and lodgement of a DA.

If your development is not permitted without consent and is neither exempt development, nor complying development, a DA will be required.

To identify if your development constitutes ‘exempt development’ or ‘complying development’, refer to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (known as the Codes SEPP). The Exempt and Complying Development Fact Sheet may also assist.

Where sites within the Hunters Hill Local Government Area include heritage, environmental, or other constraints, the exempt and complying development opportunities may vary and in some instances may not be possible. For more information contact the Codes Hotline by telephone on 13 77 88 or by email codes@planning.nsw.gov.au

If your proposed development does not meet the requirements for exempt or complying development, then a DA must be lodged with Council. A Construction Certificate (CC) application will also be required once the development application has been approved – either from Council or a private certifier.

See the development section of this website for further information on the requirements for lodging DA’s and CC’s.

The maximum building height varies depending on the location of the site. Most areas of the Hunters Hill LGA prescribe a maximum building height of 8.5 metres and should have no more than two storeys. External walls should generally not be more than 7.2 metres high (measured from existing ground level).

A ‘storey’ means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include a space that contains only a lift shaft, stairway or meter room, or a mezzanine, or an attic.

For any ‘basement’ to be considered, the floor level of that space is to be predominantly below the existing ground level where the floor level of the storey immediately above is less than 1 metre above the existing ground level.

To check the maximum building height for your property review the Height of Buildings Map, or for more information refer to clause 4.3 of the Hunters Hill Local Environmental Plan 2012 or Part 3.3.2 Height of the Hunters Hill Consolidated Development Control 2013.

Garages and carports should preferably be located at the rear of the property.  If this is not possible, a paved standing area at the front may be acceptable. If a garage or carport is located at the side of the house, it needs to be setback at least 1 metre from the front wall of the house.

For additional information and design principals refer to Part 3.6.3 Garages and Carports of the Hunters Hill Consolidated Development Control Plan 2013.

Landscaped area means that part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area.

For dwelling houses and secondary dwellings, any site with a direct frontage to the Parramatta River or the Lane Cove River, requires 60% of the site area to be landscaped. All other sites require a minimum of 50% of the site area landscaped.

Site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under Council’s Local Environmental Plan.

When calculating landscaped area, exclude any buildings, the driveway, together with any area that has a length or a width of less than 2 metres. Up to one third of the total landscaped area can be hard landscaped such as a patio, pathway, or any swimming pool less than 40m².

For more information regarding landscaped area refer to clause 6.9 of the Hunters Hill Local Environmental Plan 2012 and Part 3.3.4 Landscaped Areas of the Hunters Hill Consolidated Development Control 2013.

Before planning a development it is important to find out about planning controls or hazards that may affect your property. The ePlanning Spatial Viewer allows you to search a property and generate a property report that displays a summary of planning controls, basic planning information and other matters affecting the property.

A Section 10.7 Planning Certificate describes how a property may be used and the restrictions on development. The two types of Planning Certificates issued under Section 10.7(2) and 10.7(5) of the EPA Act.

Section 10.7 (2) Planning Certificate

Information to be disclosed on a Section 10.7(2) Planning Certificate is specified under the Environmental Planning and Assessment Regulation 2000 (EPA Regulation). This includes:

• Names of relevant planning instruments and Development Control Plans (DCPs)
• Zoning and land uses under the relevant Local Environmental Plans (LEPs)
• Complying Development
• Coastal Protection
• Mine subsidence
• Road widening and road realignment
• Council and other public authority policies on hazard risk restrictions
• Section 7.11 Contributions Plans (formerly s.94)
• Matters arising under the Contaminated Lands Management Act 1997
• Bushfire prone land
• Property vegetation Plans

Section 10.7 (2) and (5) Planning Certificates

Section 10.7(2) and (5) Planning Certificates contain the information above together with additional information such as draft environmental planning instruments (e.g. draft LEPs and draft SEPPs).

When land is bought or sold the Conveyancing Act 1919 and Conveyancing (Sale of Land) Regulation 2010 requires that a Section 10.7 Planning Certificate be attached to the contract of sale for the land.

The following fees have been set under the EPA Regulation for s.10.7 certificates:

• $53.00 for a Section 10.7 (2) Planning Certificate
• $133.00 for a Section 10.7(2) and (5) Planning Certificate

Visual privacy provisions exist to limit overlooking into neighbouring dwellings and private open space. The planning and design of all development should consider:

• reasonable separation between the windows of habitable rooms and balconies in adjacent buildings;
• windows of habitable rooms and balconies should to face away from the windows of any habitable rooms, balconies, or courtyards associated with adjoining properties; and
• privacy screening including courtyard walls and fences/screen panels.

Refer to Part 3.5.3 of the Hunters Hill Consolidated Development Control Plan 2013 for additional details.

A setback is the distance from a lot boundary to a development or building. Controls and exemptions for setbacks are listed in Part 3.3.3 Front, Side, and Rear Setbacks of the Hunters Hill Consolidated Development Control Plan 2013.

• Front:

Front boundary setbacks should be the average of the front setback for existing buildings that adjoin the site.  On properties with two or more street frontages, the front boundary is determined by the postal address.

• Side:

Generally, side boundary setbacks should not be less than 1.5 metres.

• Rear:

The rear boundary is furthest from, and generally parallel to, the street boundary.

Generally, rear boundary setbacks should be a minimum of 6 metres. Single storey buildings may be located within the rear setback providing that external walls are not higher than 2.4 metres and do not extend along more than one-third of the total length of the boundary.

The minimum lots size in Hunters Hill LGA generally ranges from 700m² to 1,000m² depending on the location of the property. You can view the lot size maps here

For more information regarding subdivisions review clause 4.1 Minimum Subdivision Lot Sizes under Hunters Hill Local Environmental Plan 2012 or view the Lot Size Maps. Additional information about Multi-Unit Residential is available under Part 3.4 of the Hunters Hill Consolidated Development Control 2013.

Exempt Development

A portable swimming pool or spa (together with any associated child-resistant barrier that is required under the Swimming Pools Act 1992) may be categorised as exempt development, subject to the development meeting criteria under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) such as:

Any pool or spa:

• will not be installed on a property that is heritage listed, or in a foreshore area.
• will be for residential use only and will not exceed 2,000 litres in capacity.
• will be located in the rear yard of the property.
• will be located at least 1 metre from each lot boundary.
• will not require structural work for installation.
• will not impact on the structural stability of any building.
• will not cause any building to contravene the National Construction Code/Building Code of Australia.
• will be installed in accordance with manufacturers specifications, if applicable.
• will not involve the removal or pruning of a tree.
• will have a child resistant barrier that is constructed or installed in accordance with the requirements of the Swimming Pools Act 1992.

Clause 1.16 and Subdivision 30 of the Codes SEPP are relevant to the consideration of portable swimming pools, spas or child-resistant barriers as exempt development.

Complying Development

If the proposed swimming pool does not meet the requirements for pools that can be installed as exempt development, it may be possible to obtain another form of development consent for the pool by applying for a Complying Development Certificate (CDC) – either from Council, or an accredited private certifier. To satisfy the requirements for complying development, the swimming pool will need to address the relevant provisions under the Codes SEPP, such as:

Any pool shall:

• be located behind the building line of the dwelling house, or in the rear yard.
• be generally setback at least 1m from a side or rear road.
• not include decking that is more than 600mm above existing ground level.
• not include coping that is more than 1.4m above existing ground level, or 300mm wide if the coping is more than 600mm above existing ground level.
• be the subject of an approval under the Local Government Act 1993 where the site is not connected to a sewer main.
• contain all pumps in a sound proof enclosure.
• be surrounded by a child resistant barrier that is constructed or installed in accordance with the requirements of the Swimming Pools Act 1992.

Clauses 1.17 – 1.19A (inclusive), and Subdivision 4, clauses 3.28 and 3.29 of the Codes SEPP are relevant to the consideration of swimming pools, fences and child-resistant barriers as complying development. Other development/site-specific provisions may also apply.

New developments should not excessively obstruct views from any street, public place or reserve. In situations where existing views would be affected, development applications must clearly demonstrate the extent of likely impacts by providing:

• templates and/or height poles that indicate the height and/or form of the proposed development, with the accuracy of templates certified by a registered surveyor; and
• illustrations and photomontages of the proposed development which adopt eye-level photographs taken from affected properties.

Refer to Part 3.5.5 of the Hunters Hill Consolidated Development Control Plan 2013 for additional details.