If your project cannot be considered as Exempt or Complying development, you'll need to obtain development consent by submitting a development application (DA).
A DA consists of standard application forms, supporting technical reports, and plans.
Your first step should be to review the Upper Hunter Shire Local Environmental Plan 2013 (LEP).
The LEP classifies development into categories, depending on the land use zone your property is located within:
- Development that does not need consent (No DA required)
- Development that needs consent (DA required)
- Development that is prohibited
To determine which zone your property is located within, use the NSW Planning Portal Spatial Viewer.
If your project is considered to be exempt development, other approvals may be required. If you think your project may be considered prohibited or you are unsure about the categories, we encourage you to contact us to discuss.
What type of DA do I need?
The nature of your project will determine what type of DA you need to apply for. The application fees and relevant supporting documentation may also vary by project and for each DA category.
Local development refers to development that requires a DA to be submitted to Council for consideration and determination.
Most developments are categorised as local development.
Integrated development is development that not only requires Council approval, but also requires the approval of another government agency under the the Environmental Planning and Assessment Act 1979.
If a DA is lodged as integrated development, we coordinate the process of seeking approvals from other government agencies.
Approval from the relevant government agencies must be obtained before we can grant development consent. If the relevant government agency recommends refusal, we cannot approve the DA.
Nominated Integrated Development is development that requires an approval under the Heritage Act 1977, the Water Management Act 2000 or the Protection of the Environment Operations Act 1997 (NSW).
Designated Development generally refers to high-impact developments (likely to generate pollution), and or proposals that are located in or near an environmentally sensitive area. If a development application is categorised as designated development, the DA:
- must be accompanied by an Environmental Impact Statement (EIS)
- will require public exhibition for at least 28 days
- can be the subject of a merits appeal to the Land and Environment Court by objectors
Regional development are projects that will be assessed and publicly exhibited by Council. The consent authority will however be the Hunter and Central Coast Regional Planning Panel.
Regional development includes:
- projects with a Capital Investment Calue (CIV) over $30 million
- extractive industries, waste facilities and marinas that are designated development
- certain coastal subdivisions
- projects with a CIV over $5 million that are council related, lodged by or on behalf of the Crown (State of NSW), private infrastructure and community facilities or eco-tourist facilities
- development with a CIV between $10 million and $30 million which is referred to the Hunter and Central Coast Regional Planning Panel by the applicant after 120 days
Some types of development are considered to have State significance due to the size, economic value or potential impacts they may have.
Applications must be submitted to, will be assessed and determined by the NSW Department of Planning, Industry and Environment as the consent authority.