From time to time, councillors are contacted by residents with problems associated with development approvals. The enquiries generally fall into two categories: the determination of a DA seems to be taking a long time, or the Conditions of Consent accompanying a [successful] DA determination appear to be overly demanding.
Processing Times
The Department of Planning and Infrastructure regularly monitors the performance of the NSW planning system to ensure that it is operating as efficiently and effectively as possible for the public, for small and large-scale developers and for industry professionals such as council planners. Details are published annually on the performance monitoring page on the DP&I website.
For example, DP&I figures indicate that, in 2011-2012, Palerang Council processed 327 DAs, approving 314 and rejecting 13. Only 9 of these needed to be referred to Council, generally because the development was considered to be controversial—if there are more than six objections lodged, or if three councillors specifically requested that the application come to Council.
There were delays in processing 130 of the applications because not enough information was provided when the original paperwork was submitted. This is not necessarily anyone’s fault, as such, as delays are not always avoidable. Some issues only become apparent during the processing of the application. Nonetheless, when assembling paperwork for submission, it is worth remembering that nearly 40% of DAs are delayed due to lack of information.
The median actual processing time for the period was 40 days (elapsed), although this runs out to 57 days (elapsed) when stop-the-clock time (waiting for additional information) is included. This is not a great result when compared directly to other councils, but if Palerang Council’s staffing levels are taken into consideration, it is one of the higher processing rates in NSW (20th out of the 152 councils in NSW).
Typical processing times can be as little as just 2-3 weeks for a simple prefab shed in a rural area. A dwelling approval could take as little as 4-6 weeks if no additional information is required and there are no complications. Of course, approvals can take much longer than this if there are specific issues that require input from external agencies or objections from neighbours.
Applicants should be aware that, if they are unsure, they can request a pre-DA meeting with planning staff to help identify the information that will be required for their application.
Conditions of Consent
The second issue that is often raised concerns the Conditions of Consent attached to a development approval. Many of these conditions are associated with building codes, Australian standards, or are requirements imposed by external agencies such as Catchment Management Authorities (particularly in rural areas).
Some conditions, however, are imposed by council based on information provided with a DA. For example, approvals for commercial developments within towns will invariably include a requirement to provide parking for prospective clients. It is up to the applicant to demonstrate that parking space is available. If the applicant has not provided the required information, an assessment of the cost for council to provide parking will be included.
Roadway upgrade requirements, again often associated with commercial developments, are generally tied to vehicle movement counts. In such cases, it is important to provide accurate information to ensure that appropriate conditions for road treatments are specified. In the absence of any other information, council staff will make their own assessment, and this will invariably be conservative, and in council’s favour.