Development Applications

Development Application Tracking

The Development Hub is a central portal where Development Applications (DAs) can be lodged and tracked.

Some forms of low impact developments such as sheds and pergolas, may not need Council approval. However, most significant developments will require a DA to obtain planning or construction consent.

 

Development Applications on Exhibition

You can view all proposed developments currently on public exhibition via the Development Hub which are advertised in accordance with Council’s policies.

Proposed DAs are also available for public viewing at Ray Walsh House in Peel Street, Tamworth and either the Barraba, Manilla or Nundle branch office, if a proposal is located within one of these localities.

To make an online submission on one of the development proposals, you may do so by clicking on Create Submission within in to Public Notices section of the Development Hub or by writing to Council within the exhibition period.

How do I make a submission?

If you feel that your property or neighbourhood may be adversely impacted by a proposed development, you can make submission in response to a DA. Please refer to our fact sheet below for further information.

Making a Submission to a Development Application (PDF 342.3KB)

How much does it cost to lodge an application?

Development Applications require the payment of a variety of fees depending on the type, scale and cost of the proposed development.

Specific fees will apply for each application as well as additional fees relating to:

  • Notification to adjoining property owners of the development
  • Variation of Council policies and guidelines
  • State Government Levies such as the Long Service Levy for all developments exceeding $25,000 in value and the Planning Reform Levy for all developments exceeding $50,000 in value
  • Local Government Act 1993 applications for water, stormwater and sewer work and fees associated with plumbing inspections, building inspections and development on bushfire-prone land.

More information about the fees and charges applicable to your proposed development can be found by viewing the 2019/2020 Fees and Charges or by contacting Customer Service

How do I modify my consent?

Under Section 96 of the Environmental Planning and Assessment Act 1979, a development consent can be modified when it can be demonstrated that the modification is substantially the same as the approved development.

There are three different types of Section 96 applications and a fee is charged relevant to the type of modification proposed.

96(1) – Modifications involving minor errors, misdescription, or miscalculation
A 96(1) would be used, for example, to correct plan numbers, the description of a development or where Council has made an error in a condition of consent.

Section 96(1A) – Modifications involving minimal environmental impact
A 96(1A) would be used for minor amendments including, alterations to internal design, minor changes to the external façade, roofline, window positions or building finishes.

Section 96(2) – Other modifications
A 96(2) would be applied to developments where there is an amendment which requires further assessment in terms of car parking, servicing, environmental impacts or appearance.

If Council does not agree that the proposed modification would result in substantially the same development as originally approved, you must submit a new development application.

Please consult with the assessing officer prior to submitting your application to ensure that the proposal may be considered as a modification and that you have all the relevant information to enable assessment of the application.

 

Determination of modifications

A modification to an application will be determined by the authority that determined the original consent. For example, where Council granted the original consent, the modification application will be determined by Council.

 

Timeframes for modifications

Applications for modifications are subject to deemed refusal periods based on the type of modification proposed. The recent changes to the Environmental Planning and Assessment Act 1979 provide for applicants to make an appeal to the court, if the Council has not made a decision within the timeframe allowed. The deemed refusal periods for the three types of Section 96 Application are:

  • section 96 (1) – minor error or mis-description 50 days
  • section 96 (1A) – minor modifications 50 days
  • section 96 (2) – for other modifications 70 days

I want to review my determination

If you are unhappy with the determination of your DA, you may request that Council review the determination under Section 82A of the Environmental Planning and Assessment Act 1979, provided that the proposal was not:

  • a complying development
  • a designated development
  • an integrated development
  • a Crown development

Reviews may make changes to developments which do not make the development substantially different from what was approved or refused. A review is appropriate where you want the determination in its totality reviewed.

It is important to remember that:

  • a request for a review must be made within 12 months of the determination
  • a request cannot be made after an appeal against the determination made to the Land and Environment Court has been disposed of by the Court

After the review, Council may confirm or change the determination. You will also need to pay the related review fee as outlined in Tamworth Regional Council 2019/2020 Fees and Charges.

I disagree with my determination

If you are dissatisfied with the determination of your DA, you may contact us to clarify issues and discuss your options. Options include:

1. A review of Council’s determination under section 82A or 96AB of the Environmental Planning and Assessment Act, 1979

A review cannot be made: 

  • 6 months after the date that you received the determination of the application;
  • After an appeal against the determination made to the Land and Environment Court has been dealt with by the Court; or
  • If the proposal is “designated” or “integrated” development. 

In a review of Council’s determination, you may make changes to your proposal. However, the proposal must remain substantially the same as the original consent otherwise a new development application will be required. 

Only one review is permitted. You must complete an application form, pay an additional fee for the review and submit revised plans and/or supporting documentation.

2. An application may be made to modify a development and/or a particular condition of consent under section 96 of the Environmental Planning and Assessment Act, 1979.
 
This may be appropriate if you disagree with a particular condition/s of consent or decide to amend certain aspects of the proposal. You will need to complete an application form, include written justification for the proposed modification and pay the scheduled fees.

3. Any appeal to the NSW Land and Environment Court must be commenced within 6 months of the date on which you received your notice of determination.

Subdivision certificates

What is a Subdivision Certificate?

All subdivisions are considered developments that require consent.

If a subdivision requires civil construction works (including rights-of-carriageway, roads, footpaths, water and sewerage asset construction) then a Subdivision Construction Certificate is also required.

The Subdivision Certificate authorises the registration of the plan of subdivision for lodgement with the NSW Land and Property Information. The plan must be prepared by a registered surveyor. 

A Subdivision Certificate, as provided for under Section 109c(1)(d) of the Environmental Planning and Assessment Act 1979, certifies that the subdivision has been completed in accordance with the consent and any subdivision work has been completed in accordance with the Construction Certificate.

 

What must happen prior to the lodgement?

Prior to the lodgement of any Subdivision Certificate application, the developer or applicant is to verify that all works required as part of the Development Consent have been completed, inspected and signed off by the relevant Council Divisions.

Council’s Infrastructure Planning Division and Water Enterprises Directorate will provide applicants with written confirmation of the outcome of the Final Inspection. This includes the lodgement and acceptance of any required Works as Executed Plans.

Where outstanding works remain, the applicant may make appropriate arrangements with the relevant Council Division for the completion or bonding of those works. Council will inform you in writing if an agreement has been reached.

 

How do I apply for a Subdivision Certificate?

A completed Subdivision Certificate Application form (PDF 562.9KB) must be completed and accompanied by:

(i)The Subdivision Certificate Application fee;
(ii)  A completed Developer Water Meter Issue Form (PDF 47.9KB). Details of the number of meters required and the location of water services are to be provided;
(iii)  Receipt numbers for payment of Section 94, Headworks and water meter application charges;
(iv)  Payment of the maintenance bond and/or agreed performance bond;
(v)  Telecommunications and electricity authority provisioning letters. The letters are to be provided for each separate application and are to ensure that they correctly reference the allotments which are serviced; and
(vi)  A written acknowledgement from all the relevant Council Divisions, Council’s Infrastructure Planning Division and Water Enterprises Directorate, that all Conditions of Consent relating to the subdivision have been complied with, the subdivision plan is in accordance with the approved Development Application plan, and where necessary, all works completed and approved by Council (including a copy of the Final Inspection sign off form). Where outstanding works remain, details of arrangements agreed with Council must be provided.
(vii) Confirmation that all works required as part of the Development Consent have been completed. 

Your Subdivision Certificate application can be posted to:

The General Manager
Tamworth Regional Council
PO Box 555
Tamworth NSW 2340

Alternatively, you can lodge it in person at one of Council’s Customer Service Centres.  

Please note that partial lodgement (i.e. without provisioning letters, “linen” plans, contributions etc) will not be accepted.

 

What is the fee for a Subdivision Certificate?

The fee for a Subdivision Certificate is outlined in Tamworth Regional Council 2019/2020 Fees and Charges.

In some cases, the Seal of Council is must be shown on the final plan of subdivision which will incur an additional fee.

 

What happens once I have the Subdivision Certificate?

Once your approved Subdivision Certificate and plans have been returned to you by Council, you can lodge your plans for registration with Land and Property Management Authority, which is part of the NSW Department of Primary Industries, Catchments and Lands. 

The Land and Property Management Authority’s website explains the registration process.

 

Street Names and Numbering for New Subdivisions

New Street Names

Roads created in new subdivisions must be named, unless they form part of an extension to an existing named road. 

Developers should submit suggested road names for new subdivisions to Council and pay an application fee as outlined in Tamworth Regional Council 2019/2020 Fees and Charges.

It’s important to be aware that some localities have adopted road naming themes. Our Development and Approvals Support Officers can give you advice regarding themes, simply phone (02) 6767 5507.

Once approved by Council, the new road names will be submitted to the Geographical Names Board of NSW where the Surveyor General and/or the Registrar General can object to any road naming proposal. Visit NSW Geographical Names Board for further information on road naming guidelines.

New road names will also be advertised in the local newspapers and placed on a 28-day exhibition so that the general public have an opportunity to comment. 

After exhibition and consideration of any objections received, the names are published in the NSW Government Gazette.

New Street Numbers

In our towns and villages, street numbers are allocated by Council at the time new residential allotments are created by a plan of subdivision.

In rural areas, a rural addressing system is used, which is based on a measurement from the property entrance point to the closest significant road intersection.

If you don’t know your street number or you wish to apply for a rural address, please contact Council. 

 

Where can I find further Information on Subdivision Certificates?

For further information on Subdivision Certificates please contact Council