Notes for completing the CC and CDC application form
- Who can be the applicant?
To put it simply:
A Construction Certificate Application form needs to have the ‘Applicant’ as follows;
- Residential Property – MUST BE ONE OF THE OWNERS OF THE LAND
- Commercial Property- can be either the owner of the property/land OR the tenant of the premises.
A Complying Development Certificate Application form needs to have the ‘Applicant’ as follows;
- Residential Property – can be anyone with the OWNER’S CONSENT
- Commercial Property- can be anyone with the OWNER’S CONSENT
- Building Classifications
|TYPE OF BUILDING
Class 1a - a single dwelling being
Class 1b - a boarding house, guest house, hostel or the like
a building containing 2 or more sole-occupancy units each being a separate dwelling.
Backpacker accommodation, residential parts of hotels or motels, residential parts of schools, accommodation for the aged, disabled or children a residential building, other than a building of Class 1 or 2, which is a common place of long term or transient living for a number of unrelated persons, including -
a dwelling in a building that is Class 5, 6, 7, 8 or 9 if it is the only dwelling in the building.
an office building used for professional or commercial purposes, excluding buildings of Class 6, 7, 8 or 9.
a shop or other building for the sale of goods by retail or the supply of services direct to the public, including?
a laboratory, or a building in which a handicraft or process for the production, assembling, altering, repairing, packing, finishing, or cleaning of goods or produce is carried on for trade, sale, or gain.
Neighbour Notification (CDC)
The neighbour notification requirements for complying development are intended to encourage applicants to talk to their neighbours about the proposed complying development.
It is recommended that discussions with neighbours take place at the earliest opportunity, preferably before detailed plans are drawn up, and before an application is lodged.
This means any concerns or suggestions can be considered early on in the design process.
Neighbour notification of complying development
In addition to discussions between neighbours, neighbours are generally formally notified twice about a neighbouring complying development.
Generally neighbours must be notified before a complying development certificate is issued and again before construction work begins. When and how this occurs is explained below.
Notification of complying development is for information only. Neighbours cannot make a submission on a neighbouring complying development. In addition, applicants are not required to alter a proposed development in response to a neighbour’s comments.
Neighbours can request to see the plans of the proposed complying development however, the applicant in under no obligation to do so. It is the certifier’s role to make sure that the proposal complies with all the development standards in the policy.
After a complying development certificate is issued the plans will be available to view at your local council.
Before a complying development is approved
Certifiers must notify the occupants of neighbouring dwellings within a 20 metre radius of the development site 14 days before issuing a complying development for the following development:
• the construction of a new dwelling or an addition to an existing dwelling, or
• the construction of a new group home or secondary dwelling, or
• the demolition of a building.
The private certifier will also notify your local council on your behalf.
A complying development certificate cannot be issued until after the 14 day notification period has finished.
Which neighbours are notified?
The notice must be sent to the occupier (not necessarily the owner) of each lot that has a dwelling on it and is within 20 metres of the lot being developed. See Figure 1 for details.
Figure 1: Neighbour notification of residential complying development
If a lot contains an apartment building or is a dual occupancy, the occupier of each individual dwelling must be advised.
Figure 1: Neighbour notification of residential complying development
Occupiers of these dwellings must receive notification:
Notification is not required even if the dwelling is within 20m of the lot.
All dwellings in an apartment building must be individually notified
Occupiers of these dwellings do not need to be advised
Where the lot is vacant or a dwelling is under construction, no notification is required
Shops and other uses other than a dwelling do not require any notification.
Neighbour notification is not required in the following circumstances:
- for a dwelling in a business zone,
- if there is no dwelling on the neighbouring lot, or if the dwelling is under construction,
- if the complying development proposal only involves ancillary development (e.g. a garage, a shed or a swimming pool),
- in residential release areas being:
- a ‘land release area’ or an ‘urban release area’ identified in a Local Environmental Plan, or
- a growth centre identified in the State Environment Planning Policy (Sydney Region Growth Centres) 2006, or
- a State significant site identified in the State Environmental Planning Policy (Major Development) 2005.
How are neighbours notified?
Neighbour notification must be in writing. The notice can be given in person, through a letter box drop or via the post.
For example, if the notice is delivered in person on a Monday, the next day is counted as the first day, and the Tuesday two weeks later is the earliest the complying development certificate can be issued.
If the notice is mailed by post, it is deemed to be received on the next business day, and the day after is counted as the first day of the notification period.
Certifiers should keep a record of the address of each neighbouring dwelling house to which a notice is delivered.
Notice before work begins
Building work can sometimes be temporarily disruptive. To let neighbours know before any building work for complying development is about to start, neighbours are generally notified seven days before work begins. If the development is in a residential release area neighbours must receive advice at least two days before work starts.
It is the responsibility of the applicant to notify neighbours, and it must be done in writing.
Notification is required when the complying development involves:
- the construction of a new building, or
- the construction of an addition to an existing building, or
- the demolition of a building.
Applicants must advise the occupant of each dwelling that is on a lot within 20 metres from the boundary of the lot being developed. We do this for you on your behalf.
The pre-construction neighbour notification applies irrespective of the development type or the zoning of the land. Where an adjoining lot is vacant or a dwelling in under construction, no notification is required.
The applicant must keep a record of the addresses where the notice has been delivered, as the principal certifying authority must be satisfied that pre-construction notification was given to the relevant neighbours, before work can begin. We do this on your behalf.
Reference: Information accessed 12th August 2015 from http://hub.planning.nsw.gov.au/Portals/0/Pdfs/prepare/Complying_development-_notification_to_neighbours.pdf