Exempt Development
The State Environmental Planning Policy (Exempt & Complying Development Codes) 2008 outlines specific development types within NSW which may be considered exempt from requiring Council approval. The state wide policy identifies minor development types (such as carports, decks, garden sheds, farm buildings, patios etc) that may be considered exempt if the proposed development can meet the development standards outlined within the policy.
In order for the proposed development to be considered exempt, the development must comply with the development controls as detailed in Part 1, Division 1 Preliminary and Division 2 Exempt and Complying Development and the relevant Part 2, Subdivision applicable to the type of development.
Council are unable to confirm if your proposed development meets the development standards outlined within the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. Under the provisions of the state wide policy, the person who is asserting the right has the duty of care to identify and comply with the development standards as set by the policy.
The state wide policy is available from the NSW Legislation website via the following link: State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
You can read more about exempt development on the Department of Planning, Industry and Environment (DPIE) website via the following link: DPIE Exempt Development.
If your proposed development does not comply with the exempt development standards as prescribed by the State Environmental Planning Policy (Exempt & Complying Development Codes) 2008, then the development will most likely require a local approval by a Certifying Authority under a Complying Development Certificate or Development Application pathway.
Complying Development (CDC)
Complying development is a fast-track approval process for straightforward residential, commercial and industrial development. Complying development generally includes larger building works than permitted under the exempt development provisions.
The State Environmental Planning Policy (Exempt & Complying Development Codes) 2008 outlines development types which may be undertaken as complying development provided the proposed development fully meets the specific development standards as prescribed by the policy. Complying development can be determined by Council or a Registered Certifier.
It is recommended that a current Section 10.7(2) and (5) Planning Certificate is obtained, to determine whether complying development can be carried out on the land. This certificate will provide a full and comprehensive list of planning matters and constraints affecting the land.
You will also need a current certificate of title, a deposited plan and 88b instrument in relation to the land; which will indicate the size of the lot and any easements/covenants or restrictions that affect the lot. A certificate of title, deposited plan and 88b instrument is available from your Solicitor/Conveyancer and/or NSW Land Registry Services via https://www.nswlrs.com.au/.
Further information on Complying Development Certificates (including a CDC checklist) is available from the Department of Planning, Industry and Environment (DPIE) website via the following link: DPIE CDC Development.
Applicant resources, including FAQ Sheets are also available from DPIE via the following link: DPIE Applicant Resources
The following guide to complying development is a great resource available, and can assist in determining whether exempt or complying development is applicable or possible for your project. Access to the guide is available via this link.
If your proposed development does not comply with the complying development standards as prescribed within the State Environmental Planning Policy (Exempt & Complying Development Codes) 2008, then the development will most likely require a local approval by Council under a Development Application pathway.
Development Application (DA)
Local Development
Local development is the most common type of development in NSW, with projects ranging from building a home and home extensions to subdivision and medium to large sized commercial, retail and industrial developments.
A development is considered local development if a Local Environmental Plan (LEP) or State Environmental Planning Policy (SEPP) states that development approval is required before the development can take place. Generally, if a development cannot comply with the development standards as prescribed in the State Environmental Planning Policy (Exempt & Complying Development Codes) 2008, then development approval is required from Council.
To find out if your proposed development needs consent, enter your property address in the NSW Planning Portal to see what planning constraints and zoning rules affect your property via the following link: Find a property.
You should then look at the Land Use Zoning tables contained within the Goulburn Mulwaree Local Environmental Plan 2009 (LEP) which will classify development into one of the following categories:
- development permitted without consent
- development permitted with consent
- development that is prohibited
The Goulburn Mulwaree Local Environmental Plan 2009 (LEP) is available from the following link: GM LEP 2009.
Development Permitted without Consent
Not all development requires consent before work can start. This includes some low-impact or routine activities as listed in the Land Use Table of the Goulburn Mulwaree Local Environmental Plan 2009 as development “permitted without consent”.
However, development permitted without consent may still need a license, permit or other approval from a public authority and will most likely need to undergo an environmental impact assessment before commencement of the proposed development.
The level of environmental impact assessment that must be undertaken differ depending on the likely impacts of the proposed development.
If you feel that your proposed development is permitted without consent within the LEP, contact Council to discuss the environmental impact assessment you may need to undertake.
Development Permitted with Consent
A development is considered local development if the Goulburn Mulwaree Local Environmental Plan 2009 lists the development as “permitted with consent” within the Land Use Table. Development consent is required from Council before the development can take place.
The procedures for applying for development consent, the level of environmental assessment required, the notification required, and appeal rights will differ depending on how a development is categorised. These categories include designated development, integrated development and advertised development.
To understand more on the development application process, please review the NSW Guide to the Development Application Process
Prohibited Development
Development that is listed as "prohibited development" in the Goulburn Mulwaree Local Environmental Plan 2009 does not have a legal pathway for development to be carried out on the land.
NSW Planning Portal – Find a Property
Looking for planning information about a property? Prior to calling Council, visit the NSW Planning Portal.
The NSW Planning Portal is an initiative of the Department of Planning, Industry and Environment (DPIE) and has been designed to provide public access to a range of planning services and information that apply to properties within NSW.
The NSW Planning Portal is an electronic database containing planning maps, land constraints and information that is relevant to undertaking development on your property. It contains important information such as (but not limited to):
- The Lot, Section and Plan number of the land
- The zoning of the land
- The minimum lot size applicable
- Bushfire prone land
- Flood planning
- Terrestrial biodiversity
- Crown land
- Heritage
- Relevant legislation and planning controls that are applicable to the property.
You can access property information from the NSW Planning Portal via the following link: Find a Property.
The following quick reference guide has been established by DPIE to assist in navigation of the NSW Planning Portal via the following link: Find a Property Reference Guide.
General Planning or Building Advice
Council’s Development Liaison Team are available during business hours to discuss development proposals, property constraints and approval pathways with prospective applicants. The advice provided is general in nature and aims assists prospective applicants to understand the development process and Council requirements. If the enquiry requires technical input, the Development Liaison Team may refer the enquiry to a Duty Officer.
In order for any general planning or building advice to be of quality, prospective applicants are to review the NSW Planning Portal for the property constraints and to understand what legislation applies prior to making contact with Council Officers.
General planning and building enquiries are able to be submitted via email to: council@goulburn.nsw.gov.au.
Please ensure the legal description of the land and a thorough description of the proposed development is included in the email. Alternatively, a member of the Development Liaison Team is available during business hours via phone on (02) 4823 4444.
General planning or building advice is free of charge.
Formal Planning or Building Advice
Goulburn Mulwaree Council provides a ‘Formal Written Advice’ service when a planning or building enquiry is complex in nature and/or requires further investigation. Written advice is provided by a Development Assessment Officer and depending on the complexity of the enquiry the advice is generally provided within 10-15 business days.
Minimum requirements for Formal Written Advice include;
- A completed Formal Written Advice Request form available from here.
- A statement covering the proposal and reasons for seeking formal advice.
- Plans which are relevant to the formal advice request.
Formal written advice attracts a fee in accordance with Council's fees and charges available here.
Requests for Formal Written Advice can be submitted with the above information to council@goulburn.nsw.gov.au.
Pre-lodgement Meeting
Where development is complex and/or larger in nature, Council recommends that applicant engage a Town Planning professional and a formal 'Pre-lodgement Meeting' is undertaken with Council.
A Pre-lodgement Meeting is a meeting between prospective applicants and Council's technical staff to discuss a proposed development prior to formally lodging a Development Application.
The meeting provides prospective applicants with an opportunity to discuss and receive feedback from Council on the technical aspects of the development proposal. Minutes of the meeting will be provided to the applicant via email within 15 business days of the meeting’s conclusion. The minutes will not be “verbatim”, but will highlight the items discussed and the meeting’s outcome.
Minimum requirements for a Pre-lodgement Meeting include;
- A completed Pre-lodgement Meeting Request form available from here.
- A statement covering the proposal and reasons for the pre-lodgement meeting including specific planning issues that require consideration.
- If applicable, a statement identifying potential issues of non-compliance of the proposed development in accordance with the development controls contained within the Goulburn Mulwaree Development Control Plan 2009 and/or Goulburn Mulwaree Local Environmental Plan 2009 and/or other Statutory Planning Policies.
- A set of draft plans, preferably scaled:
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- Site plan(s) identifying the results of the site analysis and the proposed layout of the development.
- Indicative floor plans demonstrating how the building/proposal is to be utilised.
- Elevation plans of the development.
Pre-lodgement meetings attract a fee in accordance with Council’s fees and charges available here.
Requests for a Pre-lodgement Meeting can be submitted with the above information to council@goulburn.nsw.gov.au.
To assist you in understanding the Development Application process, please review the publication “Your guide to the Development Application Process” by clicking here.
When preparing a Development Application, the proposal must be permissible within the Land Use Table contained within the Goulburn Mulwaree Local Environmental Plan 2009 and take into consideration the property and locality constraints.
Property and locality constraints are available for each property via the NSW Planning Portal. The NSW Planning Portal is a tool managed by the Department of Planning, Industry and Environment that provides public access to a range of planning services and information that apply to properties within NSW and includes a variety of information including:
- Access to planning constraints (i.e. zoning, height controls, heritage, bushfire, flooding)
- Relevant legislation and planning controls that are applicable to the property.
- Information on building or renovating.
- Access to planning tools e.g. BASIX.
When preparing your Development Application, the application must meet the relevant planning controls outlined within the Goulburn Mulwaree Development Control Plan 2009. The Development Control Plan provides detailed planning and design guidelines to support development within the Goulburn Mulwaree Local Government Area.
If you are a developer or owner-builder, there are important Commonwealth telecommunications rules you need to comply with. For more information visit www.infrastructure.gov.au/tind
Each Development Application is required to have a package of documents to support the lodgement and assessment process. The documents are required to clearly demonstrate the proposals ability to be permissible within the legislation that applies, meet the requirements of the development control plan, and address any property and/or planning constraints applicable to the land.
As a minimum Council require the following documentation to be prepared, depending on the type of development being proposed and the constraints of the land:
- A duly completed Development Application Form, available here
- Statement of Environmental Effects
- A detailed site plan, dimensional and to scale that clearly shows the proposed development in proximity to the site boundaries, where legal and practical access is to be obtained from, vegetation to be cleared (or that has been cleared), extent of any proposed cut and fill, stormwater and effluent disposal management areas etc
- A full set of architectural plans including floor plans, elevations and cross section plans of the proposed development
- Shadow Diagrams
- Details of external colours and finishes
- Site Analysis Plan/Survey Plan, if applicable
- A plan of Subdivision, if the proposal includes subdivision
- A current and valid BASIX Certificate, if the proposal is a BASIX affected building/development
- Statement of Heritage Impact, if the proposal is in a Heritage Conservation Area or a Heritage Item
- Bushfire Assessment Report, if the proposal is for residential purposes within a bushfire prone area
- Flood Management Plan, if the land is affected by flood planning
- On Site Sewerage Management Plan, if applicable
- Structural Engineering Design, if applicable
- Site plan, floor plans, elevations and cross section plans of the existing configuration, if applicable
For a full and detailed list of the minimum requirements for lodgement of a development application review Schedule 1 of the Environmental Planning and Assessment Regulation 2000 available here.
If you require assistance in preparing a Development Application, a Town Planning professional (separate to Council) can assist in the compilation of the application including any supporting documentation required. Additionally, an Architect or Draftsman can assist in the procurement of scaled architectural and site plans.
Site Plan Example(PDF, 20KB)
SPECIAL NOTICE: From July 1, 2021, residents in Goulburn Mulwaree are required to submit all development related applications (exception S138 applications) through the NSW Planning Portal, as a requirement of the NSW Government.
This is a big change for developers, business owners and residents, but Council staff are here to help. IT resources will be made available in the Goulburn Mulwaree Library for use, and our customer service and planning staff are here to help – call 4823 4444 or see us at the Civic Centre.
The Development Application “package” is to include all documentation relevant to the development being proposed. Please review Preparing an Application.
Prior to lodging, review the “Your guide to the Development Application Process” by clicking here.
NSW Planning Portal
If you’re seeking Council approval, all development related applications (exception S138 applications) are to be submitted online via the NSW Planning Portal. Use of the NSW Planning Portal is mandatory under a Ministerial Order from 1 July 2021.
How to apply online
- Register for a NSW Planning Portal account to start your application.
- Log In to complete the online application form. All Development Applications must be submitted with the minimum requirements as detailed in the following guidelines from the Department of Planning and Environment. Application Requirements.(PDF, 233KB)
You may wish to review the NSW Planning Portal website for:
- MyHome Planner, an end-to-end home building guide designed to help you research, plan and design your new project home. The website makes it easier to understand you land and what you can build on it, what you should know before you hire a builder, the approvals you will need, the build process and peoples roles, building risks and how to avoid them , and what to do if things don't go to plan. Available via https://www.planningportal.nsw.gov.au/myhome-planner
- Further information on lodgement of a development application, and in particular view the "Your guide to the DA process" available via the following link: https://www.planningportal.nsw.gov.au/onlineDA
NSW Planning Portal Review
All applications submitted via the NSW Planning Portal will be reviewed by a member of the Development Liaison Team to determine if the application contains sufficient and all necessary information required to enable lodgement to occur. If the application is deficient in meeting the lodgement requirements of Schedule 1 of the Environmental Planning and Assessment Regulation 2000, the application will be returned to the applicant for amendment. This review process is not an exhaustive review and it may therefore be necessary to request further information once the application is formally lodged with Council for assessment. Council will only be in a position to accept the application once the application meets the minimum requirements for lodgement.
Payment of Development Application Lodgement Fees
An application is formally lodged upon provision of a full and complete application submitted by the NSW Planning Portal and full payment of the lodgement fees. The lodgement fee payable for development applications depends on:
- the type of development
- the estimated cost of the development. a genuine and accurate estimated cost of works includes the market cost of all labor and material costs associated with all demolition, construction, renovation, alterations and additions required for the development. This includes the cost of the provision of external services, civil construction, and construction and/or preparation of any building for the purpose of which it is to be used (such as the cost of installing plant, fittings, fixtures, equipment and associated trade works). Also included are any professional consultancy fees associated with the preparation and execution of the development.
Once the development application has been reviewed by a member of the Development Liaison Team and the application is deemed suitable for lodgement, a quote for lodgement fees will be issued to the applicant.
Customer Service will contact the applicant to arrange for payment of the necessary lodgement fees to be made. Payment is made over the phone by card. Arrangements can be made to receive cash or cheque if required.
Please note that a lodgement quote does not capture all fees payable throughout the development approval process. Depending on the nature and type of the development additional applications may be required (such as subdivision works certificates, construction certificates, occupation certificates, subdivision certificates, on-site sewerage management facility application, section 68 Local Government Act, section 138 Roads Act and section 305/306/307 Water Management Act). Furthermore, the application may attract critical stage inspection fees, sewerage, water and stormwater fees, development contribution fees, damage bonds and/or other bonded works such as engineering maintenance and tree bonds.
Related Information
Fees and Charges
Goulburn Mulwaree Council Local Infrastructure Contribution Plan
Development applications are assessed with regard to Section 4.15 of the Environmental Planning and Assessment Act 1979.
The assessment of your application, therefore, takes into account:
- the requirements of any local, regional or state planning instrument, or other planning regulation that relates to the site or the proposed development. These may contain issues to be considered or standards that must be met,
- the impact the proposed development is likely to have on the natural environment, the built environment and the local community,
- whether the site is suitable for the proposed development,
- any submissions made by neighbours, the wider community and government agencies after the development application was advertised, and
- the public interest.
Click here to view Section 4.15 of the Environmental Planning and Assessment Act 1979.
What to expect?
Within fourteen (14) days of lodgement Council may, if the information accompanying the development application is unsatisfactory; reject the application.
Within twenty-five (25) days of the application being lodged Council aims to provide a consolidated written request for additional information (if required) that outlines specific matters that are considered to warrant further detail, consideration or amendment to enable the assessment to continue.
Within forty (40) or sixty 60 days (depending on the type of application) of the application being lodged and where additional information has not been requested Council aims to determine development applications based on their merit.
Within fourteen (14) days following the determination of the application Council will send out a Notice of Determination.
To ensure development applications are processed in a timely manner Council will only deal with the nominated applicant and not the owner(s), this is to avoid unnecessary confusion, conflicting information and delay. If as an owner, you have delegated the applicant’s responsibility to a third-party you will need to ensure any communication is made via the nominated applicant.
NSW Planning Portal Online Concurrence and Referral Service
The Department of Planning Industry and Environment has developed a new online service to facilitate State Agency consultation on development applications. The new service called the “Online Concurrence and Referral Service” will help reduce assessment times and make it easier for applicants to pay the $320 concurrence fee online direct to the State Agency, and track the consultation process.
State Agencies using the system have their own dashboard, so they can receive and action requests online. Legislated timeframes have been built into the system, so all stakeholders will be prompted to ensure an efficient turnaround of applications.
Applicants requesting an approval for a development application that requires a referral or concurrence from a State Agency will need to register on the NSW Planning Portal to create their own account. Registered applicants have access to their own dashboard, which enables them to pay any relevant concurrence fees and to track the progress of the concurrence and referral request in real time.
How to access the Online Concurrence and Referral Service
- Register for or log into, your NSW Planning Portal account at www.planningportal.nsw.gov.au
- Upon successful log in, select the relevant application from your dashboard.
- You are able to view, track or make payments online to State Agencies related to your development application from this location.
Please note: Goulburn Mulwaree Council are not yet utilising the NSW Planning Portal for Online DA Lodgement. The service is limited to a select number of councils at this stage, but it will be expanded to more councils across NSW in 2020. The NSW Planning Portal can only be used for Online Concurrence and Referral Service associated with development already lodged with Goulburn Mulwaree Council.
More information
If you need assistance using the Online Concurrence and Referral Service, please view the “How to” guides on the NSW Planning Portal or contact Service NSW on 1300 305 695 for additional support.
Related Information
NSW Planning Portal "How to" guides
Development applications may be advertised and/or notified in accordance with Council’s community engagement strategy or at the discretion of Council where it is considered appropriate given the nature and likely impacts of the proposal.
The minimum advertising and or notification period for development applications is fourteen (14) days.
In forming an opinion to notify adjoining owners and/or occupiers where the development proposal is not specifically identified as requiring advertising or notification Council will take the impacts on the following matters into consideration:
- Obstruction of views,
- Sunlight,
- Privacy,
- Noise, odour, light or other pollution,
- Visual impact, streetscape and local character,
- Traffic and access,
- Ground levels,
- Stormwater and watercourse issues,
- Natural and man-made hazards, and
- Any other relevant matter.
The assessment of development applications will consider any submissions made by adjoining owner(s)/occupier(s) and other interested persons in response to public notification procedures.
Submissions must be in writing and relate directly to the work proposed and the possible and likely impacts of the proposal on surrounding property or the locality. Council staff can assist you when viewing plans and specifications and can answer questions on specific technical issues, however, Council Staff cannot comment on the merits of the proposal during notification stage or assist you in formulating your objection, should you have one.
Following an assessment of the development application Council will determine the application and issue a formal Notice of Determination advising whether the development has been approved or refused. Not all applications lodged with Council are determined by staff or Council. Planning legislation allows for external planning panels to determine the application on behalf of Council e.g. Southern Regional Planning Panel (SRPP).
A list of determined applications is published on Council's website.
Works approved by the Notice of Determination must be commenced within a period of five (5) years or less from the date shown as the commencement date. The lapse date is also identified on the Notice of Determination. Subsequently, if you modify a development consent, the commencement and lapse dates do not change from those shown on the original consent.
Unfortunately, my development application was refused – what can I do?
If your development application is refused, you may request Council to undertake a Review of the Determination under Division 8.2 of the Environmental Planning and Assessment Act 1979.
A Review made under Division 8.2 of the Environmental Planning and Assessment Act 1979 must be lodged within six (6) months of the determination date or before an appeal against the determination is disposed of by the Land and Environment Court. A Review permits the application to be amended providing the entirety of the development remains substantially the same as the original determined application.
Council may be required to notify your neighbours and/or advertise a Review made under Division 8.2 of the Environmental Planning and Assessment Act 1979. Additionally, it may be necessary to refer a Review request to the elected body of Council for determination.
Fees apply for a Review request and are in addition to any notification and/or advertising fees. The lodgement fees for a particular Review request can be confirmed by contacting the Development Liaison Team.
Can I appeal to someone other than Council?
Should an applicant be dissatisfied with Councils' determination of an application, the applicant can lodge an Appeal to the Land and Environment Court. The applicant has six months from the date of determination to lodge an appeal to the Land and Environment Court.
I have Development Consent so when can I start work?
The following details outline the post-development approvals process and illustrate the steps that you may encounter depending on the work proposed and the type of application approved:
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Obtain a Section 68 approval under the Local Government Act 1993 for all works in relation to stormwater and sewer services. A s68 approval can only be issued by Goulburn Mulwaree Council as the sewer and water authority.
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Obtain a Section 138 approval under the Roads Act 1993 from Goulburn Mulwaree Council as the local roads authority, in some instances, approval will be required from the Roads and Maritime Services (RMS).
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Apply under Section 305 of the Water Management Act 2000 for a certificate of compliance.
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Obtain a Construction Certificate for any building works this can be obtained from Council or a registered private certifier.
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Obtain a Subdivision Work Certificate for any subdivision works, if required.
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Appoint a Principal Certifying Authority.
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Lawfully carry out the required works and arrange for all required mandatory critical stage and other inspections duly required to be undertaken.
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Complete the works in accordance with the Building Code of Australia, the Australian Standards, other licencing and/or approvals in accordance with the Notice of Determination.
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Comply with Section 306 requirements and obtain a Section 307 certificate of compliance under the Water Management Act 2000, where necessary.
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Obtain an Occupation Certificate prior to any use or occupation this can be obtained from the PCA.
- Obtain in the case of a subdivision work a Subdivision Certificate.
What if the plans for the development change?
The extent of the change required will determine what you will need to do. The Principal Certifying Authority (PCA) will assist in deciding what applications need to be made.
It may be necessary to obtain approval to modify the development consent under Section 4.55 of the Environmental Planning and Assessment Act 1979. Importantly, any modification must ensure the development remains substantially the same development as originally approved. Additionally, it may also be necessary to modify or obtain a new Construction Certificate to accurately reflect the proposed works.
The types of modifications that can be applied for include: -
- Section 4.55 (1) - involving minor error, misdescription or miscalculation only
- Section 4.55 (1A) - involving minimal environmental impact
- Section 4.55 (2) - other modifications
Assessment of Section 4.55 Modification applications
In determining a Section 4.55 application Council can only consider the issues which the application is seeking to amend. For example, if Council was to assess and approve a large office building complex and the developer decided to change the height of the building, Council could not legally undertake an assessment of the entire application, therefore, Council could only consider whether the height of the building is appropriate given the potential impact and/or the local planning controls.
This is also relevant for objectors who may have expressed concerns about the original development. In this example, if local residents were concerned about issues relating to traffic generation, this issue could not be legally revisited given the developer is only seeking to change the height of the building. Nonetheless, if the objector was concerned about the height of the building this issue should be raised in the submission letter.
Is my development exempt from Council approval?
Do I need Council approval for demolition?
- Yes, a development application or complying development certificate needs to be lodged if you plan to demolish any structures.
What fees are payable?
- Fees and charges will be assessed based on the estimated cost value of the proposed works. To determine the fees for lodgement of a development application check the fee and charges:
Development Application DA Fees
Please contact Council's Customer Service Centre on (02) 4823 4444 of you require assistance.
Is there anything I should do before lodging my application?
- It is advisable to check with Council to ensure that you are providing all necessary material with your application. Before submitting your application we also suggest that you discuss the proposal with your immediate neighbours.
In what circumstances will it be referred to an external consultant for assessment?
- Applications are referred for external assessment where there is a potential for a perceived or real conflict of interest arising from individuals (or companies) or association with and may include:
- an individual is a Councillor or a staff member,
- a company is a business partner or contractor to Council,
- the property is owned by Council,
- there is potential for the perception of bias,
- the Council stands to benefit in material or non material terms through the approval of the proposal.
Do I require Council approval to clear trees, grasses and vegetation ?
Approval of some kind is typically required to clear trees, grasses and other vegetation on rural and nonrural properties across NSW. Clearing includes cutting down, felling, thinning, logging, killing, destroying, poisoning, ringbarking, uprooting or burning vegetation. This guide will assist property owners and businesses to understand what approvals are required. If you are planning to remove trees, grasses and other vegetation, please contact the agencies in the below 'Call Before You Clear Guide' prior to carrying out any works, as regulatory action and penalties can apply where the removal is unlawful.
Call Before You Clear Guide to Clearing-Trees-Grasses-and-Vegetation in the GMC LGA(PDF, 222KB)