The owner-builder: everything you need to know about council approval

Yes, you need council approval to build.

Development consent is required in most instances. There are generally three pathways for development: 

• Exempt development covers certain types of minor work where no application for planning or construction approval is required; however, it must meet some standards. For example, to build a terrace, fence, internal decoration, painting, or garden shed, you don't need council approval, but you need to consider some rules that regulate these items. Council can make a random check on properties based on neighbor complaints to check if you start construction work that does not comply with codes and regulations or are not exempt and need a development application. 

• Complying development [ CDC] application; covers work that meets specific pre-determined development standards and can be assessed and approved by a certifying authority (council or private accredited certifier) in 10 days or 

• Merit-based assessment [which requires a DA then CC], must be submitted to a consent authority (usually council) for assessment. This path will give more advantages to your development and flexibility, but only if you use an experienced architect to design within all codes and regulations. You can get a more extensive and elegant house using this path compared to the previous path of complying development, as complying development is rigid and strict. The government needs to use a private certifier for a smaller project, but they control the result by stricken rules. This way council frees up the merit-based system for more complex and sensitive developments. 

Some clients think that CDC is a better choice than DA when building their dream home, but the fact is not. The only advantage of CDC over DA is that they get approval quicker. 

What is a Construction Certificate & when do I need one?

A Construction Certificate [CC]  is a formal request submitted to the authorities [ Council or Private Certifier]. you need it when you want to start building and you already have DA approval for the development. CC comes after DA or sometimes you combined them both in one application. CC approval is required before you start Building and after you get DA approval.

The CC usually contain ;

- all DA approved and stamped plans & documents ;

- Structural engineer details 

- Architectural Plans detailed for construction purposes.

- some other reports and details according to the project type.

 

Once CC approval is granted, you can start building according to approved plans. The building inspector from the council or the private certifier will inspect the building process accordingly. Once you finish, you need an occupation certificate to occupy the building. 

What is a Development Application [DA] & when do I need one?

 

Development Application [DA] is a formal request submitted to the relevant council. It is required when you want to get council approval of a specific Design of a development. it required for building new buildings such as new dwellings, duplex, townhouses, apartments, or more complex buildings. but it is not required for minor renovation or construction work, such as installing air-conditioning units, building balconies, decks, patios, pergolas, terraces, and verandahs, cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses, carports, driveways, fences, and minor alterations. you don't need council approval for these exempt development, but you need to consider some rules that regulate these items

A Development Application [DA] usually include  ;

- all architectural design details and specifications

- Statement of environmental effects 

- BASIX certificate

- Hydraulic engineer plans.

Sometimes the land is in hazardous areas, such as flood or bushfire areas. In this case, you need different design solutions and detailed reports to indicate how the design deals with the hazard and supports your design. 

Once DA approval is granted, you need CC approval from the council to start building.

Council Approvals For Renovations – DA, CC and CDC

How to get council approval?

The short answer is by Hiring a qualified architect. 

Choosing the Architect is the most crucial second step after choosing the location of the lot. A qualified and experienced architect will design your lifestyle and your daily routine. The Architect will design it from the first moment you wake up at that house until you go to bed. It is way more than creating space. Let me tell example;

Suppose your  Master bedroom has a large sliding door that opens to a balcony. The Balcony overlooks a nice view. Suppose the glazed slid door ordinated toward the east north makes early sunshine rays come into your bedroom. Imagine sleeping in your comfy bed, rays of early sunshine coming to your bed. You wake happy as sunlight has magical effects on us. Then naturally, you will come by the window to look at a wonderfully landscaped backyard or a unique view. It will inspire you to breathe for minutes; now you did YOAG, that is good for your being... The Architect encouraged you to do it naturally.

That was a simple example of how an Architect can design your lifestyle and daily routine. 

   Example of what a house designed by an Architect would look like. A Beautiful piece of since and art designed By Luigi Rosselli, Located at   Hunters Hill, NSW Link: https://luigirosselli.com/residential/sticks-stones-home 

But before you start building your dream home, you need to know that you need council permission. And to get it, you need to request that formally by submitting a development application. The development application will contain many documents that demonstrate the design and compliance with all relevant Local environmental plans [LEP] and Council development controls plans [DCP]. 

The good news is; that you, as the owner, don't need to know much about the approval process. It would be best if you had someone whose job is doing that, I mean an architect.

Architects lead their team and prepare all related documents ready for submission, and they will follow up with the Council until approval. And architects can extend their service by working the building process after the approval until you get the occupational certificate and settle in your dream home. 

Owner Duty  is to corroborate; 

It is essential to express your needs to your architects. The design needs to reflect and suit your personality, needs, style, and budget. It would be best if you remembered that; the resulting product would last for decades. And any mistake will be difficult and expensive to be erected plus fixed. Besides complying with rules and regulations, owners should corroborate with the Architect to get a design that suits them.

The Architect Will,

• Design the house;

The Architect will start by analyzing the Lot specifications. Such as location, area, shape, size, frontage length, overall land slop, surrounding buildings, etc. 

They will organize with a qualified Building surveyor to prepare a detailed survey plan. Then They will start the design phase—the need to design according to all relevant Council's rules and regulations. The Architect will keep developing the design until it complies and make sure the client approves plans. 

The Architect must inform the client of all design details by sending him a copy of the architectural plans and details to check and confirm if he is happy. Ideally, a meeting needs to be held and discuss the design and get client confirmations or notes. It is a long process, but it is a fun process too. Enjoy it.  




• Manage consultants;

After that client prepared the final set of architectural plans and details. Now They need to manage consultants, Such as; Building surveyors, Landscape designers,  hydraulic and structural engineers etc.




• Prepare the Plans and documents to support your Development application.

The central part of the application is the design itself, so the architect main duty is to provide you with a final and detailed set of drawings. The set will include all architectural Plans, elevations, sections, Site analysis, Stormwater concept plan, landscape plan, waste management plan and schedules of material and finishes, .etc. Note, the Architect will organize with some consultants in the early design stage. Such as hydraulic and structural engineers. 




Then the second part is Few Documents that support The Design and demonstrate how the plans comply with codes and regulations. It could include a few reports and details, such as; BASIX Certificate, Statement of Environmental effects, Traffic report, Flood control report, Arborist Reports and fire safety report ...etc.




The third part is filling the application form and get the checklist as the Council requires. 




• Submitted to the Council and follow up with you and the Council until approval.

 The Architect knows which type of application you need to submit. Wither the [DA], [CC], combined [DA & CC] or [CDC]..etc.

After submitting your development application, wait for the council decision. Council will check the design. If they ok with it, they will stamp your documents and send them back to you with the approval letter.

Otherwise, Council might contact you requiring further supporting documents or modifications. 




Owners don't need to worry as architects have the experience to deal with councils and authorities. They will guide you professionally and get the best outcomes. 

In a worse situation, Council might refuse your application for many reasons. One of them is that the design does not comply with code and regulations. And they will send you a letter of the specific reasons. 




Architects need to advise their clients if they believe that Council does not permit their projects. Suppose The client still wants to go ahead. In that case, he is responsible for any outcome. He pays the architect fee fully whether the application is approved or not. Architects helping clients to get approved, but it is the council decision at the end of the day. 

Design A new double storey dwelling with detached secondary dwelling at EDENSOR PARK NSW 2176, Fairfield council

The site is a rectangle-shaped land. And it is a vacant lot. The surrounding dwellings comprise single-storey dwellings and double-storey dwellings. Adjacent to the rear is a vacant lot. Adjacent to the eastern boundary is currently a single storey house and adjacent to the western side is a vacant Lot too.

The proposed site has 582.5 m² with the front boundary of 19.66m & rear boundary of 19.66m, eastern side boundary of 29.63m and western side boundary of 29.63m. The Natural ground level near the frontage is (76.10), while it is (75.87-75.49) near the rear side.

The site falls softly from front to rear (south to north) then it falls very softly from side to side west to east, then it slops back to the street through the driveway.

The Land in zone R2, which is Low-Density Residential.

The frontage, on Edensor Park Road, is orientated towards the south (check the survey plan).  

 

4.0       THE PROPOSAL

The proposal is to construct two storeys dwelling with detached secondary dwellings at the rear. The dwelling will include 5 beds & a study room, a living & dining room and a family space upstairs. The secondary dwelling will include 2 beds with bathroom, kitchen, dining and living area.

5.0       RELEVANT PLANNING CONTROLS

5.1       LEP and land-use zoning

The subject site is within the Zone R2 – – Low–density residential. Dwelling houses are permitted subject to development consent within this zone.

The objectives of the zone are:

 

A.    To provide for the housing needs of the community within a low-density residential environment. To provide a variety of housing types within a medium-density residential environment.

B.   To enable other land uses that provides facilities or services to meet the day to day needs of residents.

 

It is considered that the proposed development satisfies all relevant zone objectives contained in the FLEP 2013 as follows:

1     A permissible form of development is being provided on an allotment of land that exceeds the minimum allotment size for dwelling house and secondary dwelling development;

2     Consideration has been given to the existing amenity and character of the area and it is considered that the proposed development is sympathetic and harmonious with adjoining development and will complement the existing character of the locality;

3     The proposed development will enhance the amenity of the residential area by the provision of new affordable residential accommodation and landscaping; and

4     The the development will add to the range of housing in the zone through the provision of an average size family dwelling with extended family facilities.

 

5.1.1    Height of Buildings (Clause 4.3)

The objectives of this clause are as follows:

1     To establish the maximum height for buildings,

2     To ensure that the height of buildings complements the streetscape and character of the area in which the buildings are located,

3     To minimise the visual impact, disruption of views, loss of privacy and loss of solar access to existing development.

The Height of Building Map categorises the site within the maximum 9m building height limit. The proposed dwelling house has a maximum height of 8.69m at the lowest natural ground level which satisfies the requirements of the clause.

5.1.2    Floor Space Ratio (Clause 4.4)

The objectives of this clause are as follows:

(a) To provide an appropriate density of development consistent with the established centres hierarchy,

(b) To ensure building density, bulk and scale make a positive contribution toward the desired built form as identified by the established centres hierarchy.

The FSR Map indicates a maximum FSR of 0.45:1 for the subject site which the proposal complies with, having an FSR of 0.45:1. In terms of bulk and scale, the proposed 2 storeys dwelling and the low scale secondary dwelling will be comparable to other already built dwellings in the locality.

5.1.3    Exceptions to development standards (Clause 4.6)

Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. In this regard, NO variation requests are required as the proposal complies with all development standards contained in FLEP 2013.

5.1.4    Preservation of trees and vegetation (Clause 5.9)

The proposal does not involve the removal of any trees. New trees will be planted as indicated on the Landscape Plan which will enhance the future amenity of the site and locality.

5.1.5    Heritage Conservation (Clause 5.10)

The subject site is not listed as a heritage item or located near any heritage-listed items.

5.1.6    Bushfire Hazard Reduction (Clause 5.11)

The subject site is not identified as being in a bushfire prone area.

5.1.7    Acid Sulfate Soils (Clause 6.1)

According to the Acid Sulfate Soils Map, the subject site is not within a classification category known for acid sulphate soils to occur.

5.1.8    Flood Planning (Clause 6.3)

The site is not identified as on flood-prone land.  

 

5.2        FAIRFIELD DCP

The Fairfield DCP 2013 covers ‘Dwelling House’ development. The relevant planning principles outlined in the the plan has been incorporated into the design of the proposed development, resulting in an appropriate outcome for the site having minimal impact on adjoining and nearby development. All relevant numeric DCP requirements have been tabulated in the Control Table below:

DCP Controls	Requirement	Compliance
Lot size	Minimum 450M²	582.5M² - Complies
Floor space ratio	a)Maximum 0.45:1 b)Maximum  60 sqm Secondary dwelling. The Maximum permissible floor space ratio for both, the principal dwelling and secondary dwelling combined must comply with the floor space ratio standards prescribed on the Fairfield LEP Floor Space Ratio Map. From LEP , Proposed  lot within C - 0.5 Ratio : Range [ 0.45 - 0.49 ] (pub. 2013-05-17)	- Complies.
Height (main dwelling).     Height (secondary dwelling).	Maximum 7.2 at eaves and 9.0m at the ridge. Maximum parapet wall is 8m     Maximum 4.5 ridge height	Highest ridge level is 8.69m and 5.8m to eave measure at the lowest natural ground level. – Complies   Highest ridge level is 4.44 –Complies
Front setback	Within 1.5 metres of the average existing front street setback And a minimum of 4.5 metres. f) Regardless of control (d),   and carport must be setback 5.5 metres from the boundary or the Access handle.	The Proposed main dwelling front setback of minimum 6 m, compliance.         and 6 m from the garage door– compliance.
Side setbacks	Minimum 900mm	Proposed side setback 900mm western elevation and 4m eastern elevation – Complies
Building appearance	Address the street and front door to be visible	Complies
Vehicle Access Design & Driveway location	Minimise driveway width and locate 1m clear of power poles	Proposed double driveway width of 5.8m. – Complies
Garages and carports	Not to be the dominant feature   Not more than 50% of Façade   Not more than 600mm forward of living areas.   Garage level no greater than 300mm above natural ground	No proposed garage - Complies   No proposed garage - Complies   No proposed garage - Complies     No proposed garage - Complies
Private Open Space	Main dwelling - Minimum private open space of 60 m2, with one area with min dimension 5m x 6m   Secondary dwelling 24M², with 4m dimensions.	Proposed 124M² with min. 5mx6m Complies     Proposed 24m² with min. 4m - Complies
Open space access	Direct access from the living area to private open space	Complies
Landscaping	30% soft soil zone 50% of soft soil in rear 50% of the front yard to be landscaped	Proposed 32% Complies Proposed 167% Complies Proposed 73% Complies
Solar access (subject site)	Living areas oriented towards north & to receive minimum 3hrs of sunlight	Living room on ground level and family on the first level oriented toward the northeast elevation which received 3 hrs of solar access.  Complies
Solar access (adjoining sites)	Not overshadow adjoining properties	The proposal is dwelling well set back from the boundaries so will not have significant impact on adjoining properties. Complies
Drainage	Plan required to illustrate how property will be drained or provide Easement to Drain Water	Refer to the included stormwater Drainage plans. Gutters and downpipes designed to drain into rainwater tank and then from the Tank to the street. Complies.
Site servicing	Water, sewerage, electricity, telephone and internet	Complies.

 

5.3.1    BASIX

On the 1^st July 2004, the State government introduced BASIX, which consolidates planning provisions relating to water consumption and greenhouse gas emissions. A BASIX Certificate is provided with the application demonstrating the applicant’s commitments in achieving the objectives of the state government’s policy. The BASIX SEPP states in clause 8 and 9 that:

 

“‘competing provisions’ in an environmental planning instrument or Development Control Plan are of no effect about a residential development proposal required to be assessed by BASIX, ‘to the extent to which they aim:

(a) To reduce consumption of mains-supplied potable water, or reduce emissions of greenhouse

Gasses in the use of a building to which this Policy applies or in the use of the land on which

Such a building is situated; or

(b) To improve the thermal performance of the building to which this Policy applies.’”

It is proposed to install a rainwater tank as specified at the BASIX certificate to hold water for the proposed principal dwelling, to be used for flushing toilets, clothes washing and outdoor irrigation, which satisfies the requirements of the policy.

Energy conservation principles will be achieved through the construction method and orientation of the building, together with future thoughtful planting of trees and shrubs.

 

5.3.2    Internal Driveways

A relatively level site ensures that appropriate driveway grades can be achieved following AS 2890.2 - 2002. The Architectural Plans provide a driveway profile to demonstrate compliance.

 

5.3.3    Waste Disposal & Re-use Facilities

A Waste Management Plan will be submitted as a separate document to accompany the demolition application. The plan adopts the principles of Avoid Reuse Recycle and Dispose to minimise landfill waste.

5.3.4    Crime Prevention through Environmental Design

Design guidelines outlined in the Crime Prevention through Environmental Design (CPTED) were considered and incorporated as follows:

·         Provision of a clearly visible entry point facing the street;

·         Passive surveillance treatment has been provided through the provision of habitable rooms and a balcony which face the street;

·         Suitable landscaping will produce a defensible open space at the front, resulting in some interaction with the public domain beyond; and

·         Boundary fencing and gates will be provided to prevent intruders from accessing the private open space area.