Frequently asked questions

• Important Advice for Commenting on Development Applications(PDF, 150KB)

When a DA is submitted to Council, the owners of properties likely to be affected by the development are notified by Council and invited to come and inspect the detailed plans and documents at Council’s Customer Service Centre or on this website under Development, DA Online Enquiry. The letter contains details needed in order to comment on the development, including the name and contact details of the responsible Council Officer and the application number.

A sign is also placed at the front of the land subject to the DA. Applications are also advertised in the local newspaper and are listed on Council’s website.

After inspecting the application you can make a submission setting out any concerns you may have, or indicating why you believe the application should be approved or refused by Council. You do not have to make a submission, it’s entirely optional.

Submissions must be made in writing, addressed to:
The Chief Executive Officer (CEO)
Willoughby City Council
P.O. Box 57
Chatswood NSW 2057

Or emailed to email@willoughby.nsw.gov.au.

All submissions will be published on Council's Application Tracking System.

Quote the application number and address of the proposed development. You may wish to provide a telephone number so Council can contact you about your submission if necessary. You can use photos or sketches to make your concerns clearer.

If you make a submission 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 about political donations.

Some matters that often come up in submissions include; views, overshadowing, privacy, streetscape, size of the proposed structure, landscaping, car parking, noise, drainage and heritage. This is not an exhaustive list and not every matter is relevant to every application.

Council will acknowledge it has received your submission in the DA report. If you have specific questions or concerns you want to discuss, please contact the Council Officer responsible for the DA. Council staff will inspect the site, consider received submissions and assess the development proposal in relation to Council’s policies and other statutory requirements.

Contact the responsible Officer if you want to know what is happening with an application.

Please remember that all submissions received, including the names and addresses of the persons making submissions, can be accessed by any person.

The supply of personal information is entirely voluntary; however, if matters raised in an anonymous submission need to be substantiated, these submissions may be given less or no weight when considering the application.

Under the Privacy and Personal Information Protection Act 1998, you may access or amend your personal information.

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.

A Statement of Environmental Effects (SEE) is a report which explains the likely impacts of the proposal and how you will minimise these impacts.  The statement includes written information about your proposal that cannot be readily shown on your plans and drawings.  An SEE must be lodged with every development application (DA).

What does it include?

Your Statement of Environmental Effects should address all issues that are applicable to your proposal.  In particular a statement of environmental effects must indicate the following matters:

1. the environmental impacts of the development
2. how the environmental impacts of the development have been identified.
3. the steps to be taken to protect the environment or to lessen the expected harm to the environment.

The following is a general guide to the issues relevant to different types of development proposal.  However, we recommend that you check with us for any requirements that specifically relate to your proposal or the site.

Council Officers are available to attend a pre-DA lodgement meeting to discuss your proposal.

A. Site and Context Suitability

A Site and Context Analysis must be lodged for all DAs.  A site Suitability Plan must be lodged for minor works.

Show that the site is suitable for the proposed development.  Relevant considerations include:

• site constraints such as slope, flooding, geotechnical and ground water issues (provide a hydrological and geotechnical report by a qualified engineer where the proposal involves excavation exceeding 3 metres)
• whether the site is affected by bushfire hazard
• proximity to land affected by acid sulphate soils adjoining the foreshore
• proximity to transport services, shops, community and recreational facilities
• compatibility with adjoining development
• compatibility with land zoning
• size and shape of the allotment
• age and condition of buildings

B. Present and previous uses

Provide the following details:

• present use of the site
• date the present use commenced
• previous uses of the site
• uses of adjoining land
• whether the present or any previous use of the site is a potentially contaminating activity (e.g. workshop, service station, land filling, lead paint removal, termite treatment)
• a statement as to whether or not you are aware that the site is contaminated land
• whether there has been any testing or assessment of the site for land contamination

C. Development Standards

Show how your proposal complies with the relevant statutory development standards which are contained in Willoughby Local Environmental Plan 2012.

If a proposal does not comply with a relevant development standard, Council may consider a variation to the standard.  An application to vary a development standard can only be made in writing under clause 4.6 of Willoughby Local Environment Plan 2012. Details on how to prepare a clause 4.6 application can be found on the Department of Planning and Infrastructure website.

In addition there are a number of controls contained in the Willoughby Development Control Plan (WDCP).

Controls mentioned in the DCP are minimum requirements that Council considers are likely to meet the intent/objectives and performance criteria of the particular design elements.

The onus rests with the applicant, in respect of an application which does not comply with a control to clearly demonstrate:

1. understanding of the purpose/intent of the control and
2. how the proposal will satisfy the purpose/intent and performance criteria of the Control even though these would be the non compliance.

You should submit with your Statement a table listing all of the relevant development controls and how your proposal complies (or doesn’t comply if that is the case) with the controls.

D. Design Guidelines

Show how your proposal satisfies our relevant site planning and design guidelines.  Relevant considerations include:

• streetscape
• topography
• local context and building character, including massing, roof design, verandahs, balconies, windows, materials and decorative detailing
• setbacks
• building envelope
• fences

Our design guidelines are contained within the Willoughby Development Control Plan. Make sure you find out which design guidelines apply to your development or site.

E. Operation and Management

Describe how the premises will operate

• type of business
• number of staff
• expected number of customers or clients
• hours and days of operation
• plant, machinery, production processes
• type and quantity of goods handled, raw materials, finished products, waste products
• arrangements for transport, loading and unloading of goods (give details frequency of truck movements and size of vehicles)
• hazardous materials and processes
• noise control
• complaints management

Council may require a detailed Plan of Management for proposals which may adversely impact on residential amenity.  A Plan of Management may therefore be required for proposals such as entertainment facilities, boarding houses, backpacker accommodation and taxi depots.  A Plan of Management must show how your activity will be managed to minimise adverse amenity impacts.

F. Access and Traffic

If your proposal is likely to generate traffic you must submit a traffic impact assessment report prepared by a qualified transport consultant.  If your proposal is not a traffic generator you will still need to show that there is adequate provision for access, including:

• vehicle access to a public road (indicate grade)
• parking calculations
• resident, staff, customer, client and visitor parking arrangements
• existing public transport services
• proposed traffic management measures to resolve any conflicts between vehicles, pedestrians and cyclists
• pedestrian amenity (paving, seats, weather protection, security lighting)
• proposed bicycle facilities (racks, lockers, showers)

G. General Accessibility

Show how the proposed development provides easy access and usable areas for everyone in accordance with the Disability Discrimination Act.  Consider the needs of people with walking difficulties or sensory impairments, wheelchair users and people with young children.  You should consider:

• parking arrangements
• access to and within the development
• toilet facilities

Certain types of developments may require additional information (e.g. aged persons housing). The Building Code of Australia and the Willoughby Development Control Plan provide further guidance.

H. Privacy, views and sunlight

Show how the proposed development will address privacy, views and sunlight access.

Visual Privacy

• window placement relative to adjacent dwelling and common areas
• views between living rooms and the private yards of other dwellings
• use of screen planting, hedges, walls or fences to improve privacy
• headlight glare, light spillage

Acoustic privacy

• placement of active use outdoor areas relative to bedrooms
• separation of roads, parking areas and driveways from bedroom and living room windows
• noise transmission between dwellings
• measures to mitigate external noise sources (e.g. traffic noise, placement of air conditioners, exhaust systems, pool pumps)

Views

• impact of the proposed development on views from adjoining or nearby properties
• design options for protecting views
• views from the proposed development

Sunlight

• provide an analysis of your shadow diagrams prepared by your architect or draftsperson.  Consider shadows from adjoining buildings as well as the proposed development.  Elevation shadow diagrams may be required to demonstrate impacts on windows of adjoining buildings.

I. Air and noise

Show how the proposal will not cause, or be affected by, air or noise emssions:

Air

• identify existing or proposed sources of odour or fumes (on-site or nearby): industries, food premises, exhaust systems, waste storage, oil or wood burning stoves or heaters
• identify proposed mitigation measures:  placement and height of flues or chimneys, location of waste storage areas and compost heaps

Noise

• where noise is a major design issue, a report prepared by a qualified acoustic consultant will be required.
• existing and proposed noise sources (on-site and nearby):  main roads, industries, transport terminals, loading bays, heavy vehicles, restaurants, entertainment facilities, clubs, hotels, amplified music systems, car parks, ventilation and air conditioning units, pumps and pool filters
• proposed noise reduction measures:  noise barriers, building layout and setback, room layout and window placement, building materials, insulation, double glazing
• construction noise:  hours of operation, type of equipment, maximum noise levels, compliance with EPA guidelines

J. Drainage

Show how the proposal will deal with all aspects of drainage on the site:

• have you proposed measures to maximise infiltration and minimise water runoff?  (e.g. porous pavements, mulching and ground covers, low water demand native plants, rainwater tanks, stormwater reuse).
• stormwater drainage: proposed management controls for flows entering within and leaving the site, proposed on-site detention calculations prepared by a consulting hydraulic engineer, justification that the proposed design measures will not increase stormwater runoff or adversely affect flooding on other land
• easements:  provide copies of letters of intention to grant interallotment drainage easements across downstream properties
• local flood mitigation measures

K. Erosion & Sediment Control

Show how you propose to prevent erosion and control sediment on the site, including:

• soil and erosion hazard characteristics:  potential for impact on adjacent land and waterways
• Explain how your erosion and sediment control strategy will work.  Consider areas requiring special management, including proposed dust control measures and proposed site maintenance strategy

L. Heritage

A Heritage Impact Statement is required for any work to a heritage item or a building within a Heritage Conservation Area that requires consent under the Willoughby Local Environmental Plan 2012.  Where a Heritage Impact Statement is required it must be prepared by a suitably qualified heritage professional. The report must address:

• historical development of the site
• description of the item and its setting (e.g. garden, fences, ancillary buildings, etc)
• contribution to the streetscape:  height, scale, mass, setback, fenestration, architectural style and period
• heritage significance (use NSW Heritage Branch Heritage Manual criteria)
• affect of proposal on the heritage significance of the building and its setting
• design options and rationale for the preferred option
• relevant conservation principles in accordance with ICOMOS Burra Charter

M. Environmental Sustainability

Show how the proposal will meet the minimum sustainability guidelines mentioned under the Willoughby DCP.

Relevant considerations include:

• the need to submit a sustainability scorecard or ecological sustainable development (ESD) report as required by the WDCP.
• the need to submit addition details as specified in WDCP.
• the need to submit a BASIX scorecard (for new dwellings and dual occupancies)

Sustainability scorecard and ESD reports need to cover sustainability measures relating to:

• atmosphere
• greenhouse gas abatement
• indoor environment quality
• biodiversity
• use of building materials
• waste
• water
• noise
• management

N. Waste

Show how the proposal promotes waste minimisation : ‘avoid, re-use, recycle’

• proposed at source waste separation program and facilities: aluminium, steel, glass, plastics, food and organic waste, etc.
• proposed recycling collection from hotel, entertainment, commercial and industrial premises
• domestic food and organic waste composting
• litter control program (for activities such as takeaway food, sporting venues, etc)
• proposed waste storage areas
• how will building and demolition waste be used, recycled or disposed?
• arrangements for hazardous building wastes such as asbestos and contaminated soil

Your Waste Management Plan should demonstrate that you have included the above objectives in your proposal.

O. Site Management

Show how the construction site will be managed to ensure public safety and to minimise public inconvenience:

• perimeter fencing to restrict public access to the construction site
• proposed hoardings or other enclosures to the site
• location of proposed site amenity facilities, storage of building materials and equipment, bulk waste containers and materials stockpiles
• how will you maintain safe pedestrian access adjacent to the site?
• access points for construction
• methods of demolition
• dust control methods

These guidelines have been prepared to assist applicants in the preparation of a Statement of Environmental Effects.  A properly prepared Statement addressing the relevant items in these guidelines will enable Council Officers to assess your application and avoid delays in the processing of your application.  The LEPs and DCP referred to in these guidelines are available from Council’s website or on the Help and Service Counter.

If you have made a political donation or gift of $1000 or more within the two years preceeding the application, it must be disclosed with your Development Application.

For more information, please see Donations and Expenditures.

Only the applicant can appeal against a Council decision on a DA. Appeals can be made when:

• the application is refused;
• the conditions of consent are disputed; or
• the application is not determined within 40 days from the date it was lodged with Council.

For a more detailed description of the appeals process, please read the DA Appeals section in the Land and Environment Court Guide.

Appeals should be lodged with the Land and Environment Court. You can visit their website to download the correct forms to lodge an appeal. You will also need to provide them with originals and copies of your development application form, plans and copies of Willoughby’s Notice of Determination if required. There will be a filing fee.

Once your paperwork is processed you must send a copy of the sealed documents provided to you by Willoughby City Council. The applicant is generally known as the appellant while Council is known as the respondent. Once the appeal is lodged, Council’s decision is set aside and the Court becomes the approval body unless you and Council reach an agreement and settle.

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

In making your submission, you may choose to remain anonymous, however this needs to be clearly stated in bold at the beginning of your submission (or at the top of the front page) that you request Council to have all personal information redacted from your submission before it is made public or provided to any third party.

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.

Most DAs follow similar steps during processing, so this guide applies to the majority of applications. Please note that these steps do not necessarily occur one after the other and usually overlap.

1. The application is lodged and registered onto the computer system at Council’s Customer Service Centre if all documentation is considered adequate and complete.
2. The application file is assembled and computer file created. A notification schedule is prepared, a yellow DA Notification sign is placed on site and the DA is included on the notification listing in the newspaper.
3. The lodged documentation is checked by the Development Assessment Review Committee at their regular meeting. They may request more information, refer the DA to other officers and allocate a DA Assessment Officer. Each officer may have 20 to 30 applications at any one time. Details on which officer has been allocated your DA can be viewed in the DA Online enquiry in Councils website.
4. The notification period of either 14 or 21 days begins. A preliminary assessment by the Assessment Officer, including a site inspection, is generally made within two to three weeks of lodgment. The applicant is advised of any issues and may be requested to consider amendments. (Please note, there is an extended notification period over the Christmas / New Year period.) If more information about your DA is needed you will be notified in writing and the assessment process is delayed until the additional information is received. This is known as “Stop the clock”.
5. Those who are being notified receive a letter. Full supporting material is available for inspection at Council’s Customer Service Centre or on this website under Development/ Application Tracking
6. The notified person decides whether or not to make a written submission. 
7. The notification period closes and the Assessment Officer collects the advice of other officers, any submissions received and any extra information from the applicant. If  changes to the DA must be re-notified, then step 5 repeats.
   The Officer decides to either process the DA or to refer the application to the Willoughby Local Planning Panel. Officers have authority from Council to determine applications except when:
   • The DA meets the relevant criteria for WLPP(PDF, 34KB) or SNPP for determination.
8. The status of an application can be checked on Council’s website Application Tracking or contacting the Assessment Officer.
9. The Assessment Officer discusses the proposal with the applicant to resolve any outstanding issues. They may request to visit the property to better understand a problem. The Officer may propose Conditions of Consent that require amendments to the proposal to address issues that the Officer feels must be dealt with before the proposal is approved (see Height Poles Policy(PDF, 186KB) ).
10. The Assessment Officer finalises their assessment and prepares either a Delegated DA Report or a report to Willoughby Local Planning Panel (WLPP) or Sydney North Planning Panel (SNPP) - depending on the relevant determining authority based on legislative criteria. Reports will detail submissions received and any draft conditions of consent or reasons for refusal.
    
    Council will not contact individual correspondents to advise them when an application is to be determined. However, Council will inform via email to applicants and correspondents when the DA is for WLPP determination. WLPP meets on the last Tuesday of every month at 2pm. You can find out which applications are being considered at the next Panel meeting by ringing 9777 7675 after 12 noon the day before the meeting. A copy of the reports that go to WLPP meetings can be accessed the Tuesday before the meeting date.
11. Delegated Decision: The Assessment Officer determines the application under delegated authority and issues a Notice of Determination to the applicant.
    
    WLPP Decision: The WLPP determines the application at the WLPP Meeting. Applicants can address the WLPP,
    
    A Notice of Determination is sent to the applicant. Your development consent is an important document and should be retained by you as the property owner.
12. Correspondents are advised of the decision.
13. The applicant can request a Review of the Determination (under section 8.2 of EPA Act), or apply for an amendment to the development consent under Section 4.55 of EPA Act 1979. A similar process to the DA process occurs for modification to a consent. The applicant can also appeal the decision to the Land and Environment Court. Correspondents have no general right of appeal.
14. If the development consent is granted, the applicant applies to Council or a Certifier for a Construction Certificate in order to begin building.

Please note: If an application hasn’t been determined within 40 days of lodging, the applicant has the right of appeal to the Land and Environment Court. You are entitled to view the file under Government Information (Public Access) Act 2009.