Frequently asked questions

By default, your submission will be published on Council’s application tracking system and be used in assessing the application.

If you have concerns around the publishing of your submission please contact Council.

Please note that, should there be a need to substantiate matters contained in a submission made by you, anonymous submissions may be given less weight (or no weight) in the consideration of the matter.

You should also be aware concerns raised in your submission will not be responded to individually but will be considered as part of the assessment. Council takes no responsibility for comments of a personal or defamatory nature contained in submissions.

Prior to making a submission, please read the Privacy Notification disclaimer available on application tracking system webpage or as quoted below:

Privacy notification - Information provided to Council in correspondence, submissions or requests (verbal, electronic or written), including personal information such as your name and address, may be made publicly available, including via Council website, in accordance with the Government Information (Public Access) Act (GIPA Act) 2009. Council reserves the right to reproduce in whole or in part any correspondence or submission.

A development application (DA) is an application made to Council seeking consent to:

• construct
• subdivide
• change the use of a property or premises
• demolish a building
• display advertising
• undertake earthworks
• make alterations or additions to a building

Where the above development is exempt or is subject to a Complying Development Certificate no DA is required. A DA is required so Council can assess how much impact the proposed changes will have on the environment, neighbourhood and other properties. Issues such as pollution, shadowing, traffic and privacy are taken into account.

DAs are lodged by the property owner or architect, town planner, engineer, builder or other person acting on the owner’s behalf.

When considering a DA, Council assesses whether the requested development fits with the regulations and guidelines for the area. Council can refuse, grant consent, grant consent with conditions or grant a ‘Deferred Commencement’ consent (meaning more information needs to be supplied before a final consent will be given).

If your DA is approved, Council is agreeing that the plans you have made are satisfactory. A Construction Certificate is still needed to begin building.

The requirements for lodging and processing a development application are set out in the Environmental Planning and Assessment Act 1979, and the Environmental Planning and Assessment Regulation 2000.

Please note: No 10.7 certificates will be issued from Friday 30 June 2023 until further notice to enable updating of council systems following the making of the new LEP.

Firstly, you need to find out which zoning applies to your property. This can be determined by reviewing the Willoughby Local Environment Plan 2012 (WLEP 2012).

You can find out zoning through the following:

• maps attached to Willoughby Local Environment Plan 2012
• relevant planning maps at Council’s Customer Service Centre
• a current 10.7 Certificate

Zonings are broken up into the different prefixes, for example Residential is R and Business is B. Within each of these types there is a hierarchy of intensity which can be located in the WLEP 2012.

You will also need to determine whether your property is located within a bushfire prone area or whether the site is affected by heritage controls or flooding. There are also a number of other controls that may apply. This information can be found through the following:

• a current 10.7 certificate (zoning certificates)
• maps attached to Willoughby Local Environmental Plan 2012.
• the relevant planning maps at Council’s Customer Service Centre
• Floodplain management details on Councils website.

The next step is to determine if your development is permissible and find out what approvals are necessary.

These are the steps that you should follow when preparing a DA:

1. Find out what Local, State and Regional instruments, development control plans, policies, codes or guidelines that apply to your development and its site.
2. Consider design issues, taking into account what surrounds the site. Review the objectives of controls and legislation and prepare a concept proposal.
3. If applicable, contact the Customer Service Centre to organise a pre-DA meeting with a Development Assessment Officer to discuss your proposal and identify issues or areas of non-compliance.
4. Talk with your neighbours to see if they have any issues with your proposal. If possible, amend your proposal to address their concerns.
5. Prepare your DA plans, technical reports and Statement of Environmental Effects.
6. Complete the appropriate DA application form and relevant Checklist, providing all required information. Lodge the application at the Customer Service Centre.

Please note: If you make an application and have made a reportable political donation or gift to a Councillor or Council Officer within 2 years before making the submission, you must attach a completed disclosure statement. Read more

All documents for planning related applications including application form, plans, reports and other documentation must be correctly formatted in accordance with Council’s Electronic Application Requirements.

Read more

WLEP 2012 allocates land for specific purposes, and lays out rules for things such as building height, floor space ratio and more. The controls must be complied with.

State Government planning instruments may also apply. These include Sydney Regional Environmental Plans (SREP) and State Environment Planning Policies (SEPP).

Council’s Willoughby Development Control Plan (WDCP) provides more detail on matters like access, car parking, setbacks and heritage. Council has the discretion to vary the controls under special circumstances because the WDCP cannot anticipate every possible situation and there may be cases where strict adherence to a control is unreasonable or unjustified.

Other Council codes and guidelines may be relevant depending on the type of activity being undertaken. If your DA doesn’t comply with a guideline, a variation may be considered if satisfactory justification is provided.

Incorporating sustainability in the design, deconstruction, building materials and resource use and ongoing operation of your development will add value to your property and create a better environment for its occupants. Benefits include a higher quality, healthier and more efficient and comfortable building. To find out more about incorporating sustainability into your development, particularly at the planning stage, please contact Council. The Sustainable Home Fact Sheet(PDF, 307KB)  has further information on designing and consructing an efficient and healthy building.

Introduced by the NSW Government, BASIX ensures homes are built to be more energy and water efficient. BASIX is an on-line program that assesses a house or unit design, and compares it against energy and water reduction targets.

The design must meet these targets before a BASIX Certificate can be printed. Every development application for a new home must be submitted to Council with a BASIX Certificate.

For more information about BASIX, visit basix.nsw.gov.au.

Works approved as part of a development consent must be commenced within five years from the date shown as the commencement date, unless otherwise stated. The lapse date will also be printed on the consent. Even if you choose to modify your Development Consent, the commencement and lapse dates do not change.

The same period of five years applies to works approved in a Complying Development Certificate.

If your DA does not comply with the development standards laid out in WLEP 2012 you will need to show Council that there are special circumstances which warrant variation of the control. Council’s authority to do this is laid out in clause 4.6 of WLEP 2012 and you will need to lodge a clause 4.6 application. There are guidelines which must be followed when making an objection. A guide for varying development standards can be found on the Department of Planning and Infrastructure.

If your DA does not comply with the controls found in the WDCP, Council has the power to vary the controls if special circumstances or merits of the proposal warrant it. This is not a clause 4.6 application, and justification for non-compliance should be included in the required Statement of Environmental Effects.

Varying from the WLEP 2012 or any part of the WDCP is not taken lightly. It is the responsibility of the applicant to:

• demonstrate an understanding of the purpose of the control
• satisfy Council that the intent of the control will still be met despite non-compliance
• indicate the special circumstances that warrant variation of the control

Notwithstanding any other provision of the plan, Council may refuse to grant consent to a development that may have negative impact to adjoining properties, such as loss of view, loss of privacy or reduction in sunlight to the living areas of the adjoining property unless the applicant can demonstrate to Council's satisfaction that:

• there are no other design alternatives which would lessen impacts, or 
• there a special circumstances that warrant consent despite the impact

Council must process any application, even if a control is not complied with. So before lodging any DA, approach Council officers for further information and advice.

Incomplete or non-conforming proposals will lead to delays in processing your application.

Council believes that, depending on the type of development proposed, adjoining owners are entitled to be informed of intended future development. They are allowed to comment on a proposal and either support or object to it.

Other interested people or organisations, such as the local Progress Association, may also be informed and invited to make a comment. Ward Councillors are also advised.

Residents are alerted to DAs through the following:

• notification letters
• Council’s website listing of new DAs lodged and their status
• signs placed on or in front of the DA site.

Notification letters contain the name of the applicant, the address of the property concerned, a brief description of the proposed development and instructions on making submissions to Council regarding the DA.