We have some basic information available for you here on the method of applying under the Hornsby Council’s development application process. On 1 July 1998, amendments to the Environmental Planning and Assessment Act commenced which changed the process for the assessment of applications. Building, Development and Subdivision applications are now called Development Applications and are assessed under the Environmental Planning and Assessment Act. Applicants are able to apply for the assessment of a proposal in a single application (covering subdivision, development and building approvals) or in stages.
The general application process is:
Development Consent – the approval of the development
Construction certificate – the approval of the building construction specifications.
Occupation certificate – authorises the occupation of the development.
Subdivision certificate – authorises the registration of the plan of subdivision for the development.
Compliance certificate – indicates that the building work or subdivision has been completed in accordance with the approvals issued.
Development Applications
Council assesses Development Applications for:
the use of land;
the subdivision of land;
the erection of a building;
the carrying out of work;
any other matter listed in the Hornsby Shire Local Environmental Plan 1994, State Environmental Planning Policies or Regional Environmental Plans.
Currently, development requires Council consent through the assessment of a Development Application, although some exceptions apply.
Council classifies development proposals into two categories:
Category 1 Applications – major development proposals including the construction of multi-unit housing, commercial and industrial development.
Category 2 Applications – minor development proposals including the construction of dwellings, extensions and alterations.
Council advertises the receipt of applications and notifies surrounding residents. Council encourages the lodgement of written submissions supporting, opposing or commenting on applications. The comments contained in submissions are addressed in the assessment reports and submittors are advised of the outcome of the application following the determination. The applicant and submittors are invited to attend the Planning Committee meeting (held on the first and third Wednesday of each month) at which the application is to be determined, unless otherwise determined under delegated authority by Council’s officers.
If you would like legal advice or information concerning this process, please do not hesitate to contact us.