Complying Development Certificates for Single Dwellings and Related Structures
Complying development certificates may be issued for single dwellings and related structures that meet specific criteria. A complying development certificate can be issued by Council or a private certifier and is the only approval needed in these cases.
If complying development criteria are not met a development consent from Council and a construction certificate from either Council or a private certifier are required.
CRITERIA FOR COMPLYING DEVELOPMENT
Source: "DCP 28: Exempt and Complying Development," the provisions of which take precedence over this guide
Single Dwellings and Additions to Single Dwellings
The main criteria are:
 |
Single Storey |
|
In zone 2, 2(a), 2(b) |
|
Not on a corner lot |
|
Involves no demolition of any structure, including a dwelling or part thereof |
|
No earthworks or building in easements |
|
Connected to water and sewer |
|
Prior approval obtained for any trees to be removed |
|
Minimum lot size 450 sq m |
|
Floor level no more than 500mm above ground at any point |
|
No more than 500mm cut and 500mm fill at any point |
|
Eaves no more than 2.7m above floor |
|
Roof pitch no more than 26 degrees |
|
Conforms to building lines |
|
External walls min 900mm from boundary |
|
Building covers no more than 66% of lot |
|
Dwellings facing public streets to have a front door or window to habitable room facing the street. |
|
No Zincalume, white or off-white external metal sheeting |
AND land must not be any of the following
-
Critical habitat
-
Wilderness
-
On or adjoining a Heritage item
-
Subject to an order under the Heritage Act
-
SEPP 14 Wetland
-
SEPP 26 Littoral Rainforest, incl 100m buffer
-
On land that on which exists an "existing use" or is for the use of a building or land that is an "existing use"
-
Contaminated site
-
High probability acid sulphate site
-
Flood liable
-
Previously used as service station, saw mill, intensive agriculture, mining or extractive industry
AND other design requirements are
|
Dwellings facing public streets to have a front door or window to habitable room facing the street. |
|
Where land filled to 1%AEP finished floor level of the building to be 300mm min above finished ground level. |
|
Windows in a habitable room that allow outlook to a window to an existing or approved habitable room on an adjoining property and are within 9 metres: |
|
Are offset from the edge of one window to the edge of the other by 500mm min, or |
|
Have sill heights of at least 1.7m above floor, or |
|
Have fixed obscure glazing in any part of the window below 1.7m, or |
|
Have a fence no less than1.8m high erected between the opposing windows |
|
A minimum of 20% of the site is soft landscaped |
|
Driveways minimum 500mm clear of all drainage structures on kerb line and not interfere with public utility infrastructure without prior approval of the relevant authority |
|
Driveways within road reserve are to be constructed to Council’s specification, including specifications relating to setbacks from intersections and steep driveways. |
|
Minimum one parking space per dwelling, located behind building line. Min dimensions 5.5m x 2.5m. Open parking spaces, accessways and driveways to be surfaced with permeable material or graded to provide for on-site stormwater infiltration. |
|
All stormwater to be directed to the kerb and gutter or to interallotment drainage. |
Garages and Carports
The main criteria are:
|
In zone 2, 2(a), 2(b), 1(d) |
|
A lawfully approved dwelling exists on the property |
|
Involves no demolition of any structure, including a dwelling or part thereof |
|
No earthworks or building in easements |
|
Conforms to building lines |
|
External materials and finishes including roofing material same as existing dwelling |
|
Floor level no more than 500mm above ground at any point |
|
No more than 500mm cut and 500mm fill at any point |
|
Eaves no more than 2.7m above floor |
|
Roof pitch no more than 26 degrees |
AND land must not be any of the following
-
Critical habitat
-
Wilderness
-
On or adjoining a Heritage item
-
Subject to an order under the Heritage Act
-
SEPP 14 Wetland
-
SEPP 26 Littoral Rainforest, incl 100m buffer
-
On land that on which exists an "existing use" or is for the use of a building or land that is an "existing use"
-
Contaminated site
-
High probability acid sulphate site
-
Flood liable
-
Previously used as service station, saw mill, intensive agriculture, mining or extractive industry
AND other design requirements are
|
A minimum of 20% of the site is soft landscaped |
|
Driveways minimum 500mm clear of all drainage structures on kerb line and not interfere with public utility infrastructure without prior approval of the relevant authority |
|
Driveways within road reserve are to be constructed to Council’s specification, including specifications relating to setbacks from intersections and steep driveways. |
|
Minimum one parking space per dwelling, located behind building line. Min dimensions 5.5m x 2.5m. Open parking spaces, accessways and driveways to be surfaced with permeable material or graded to provide for on-site stormwater infiltration. |
Swimming Pools
The main criteria are:
|
In zone 2, 2(a), 2(b), 2(c), 1(a), 1(d) |
|
Pool only to be used in association with the domestic use of the land |
|
A lawfully approved dwelling exists on the property |
|
Minimum lot size 450 sq m |
|
Involves no demolition of any structure, including a dwelling or part thereof |
|
No earthworks or building in easements |
|
Not between the dwelling and front boundary. In the case of corner lots, both front boundaries |
|
Coping and decking max 500mm above ground level |
|
Pool structure and filling min 1.5m from side and rear boundaries |
AND land must not be any of the following
-
Critical habitat
-
Wilderness
-
On or adjoining a Heritage item
-
Subject to an order under the Heritage Act
-
SEPP 14 Wetland
-
SEPP 26 Littoral Rainforest, incl 100m buffer
-
On land that on which exists an "existing use" or is for the use of a building or land that is an "existing use"
-
Contaminated site
-
High probability acid sulphate site
-
Flood liable
-
Previously used as service station, saw mill, intensive agriculture, mining or extractive industry
AND other design requirements are
|
Noise level of equipment no more than 5dbA above ambient background level measured at the property boundary |
|
All aspects of the structure comply with the Swimming Pool Act and Regulations and AS 1926 |
|
Construction and installation in accordance with a certificate issued by a practising structural engineer |
|
In residential zones pool filter backwash is connected to MidCoast Water sewer |
Bed and Breakfast Establishments
The main criteria are:
|
In zone 2, 2(a), 2(b), 2(c), 1(a), 1(d) |
|
Must be contained within an existing legal dwelling house with permanent residents |
|
No more than 3 bedrooms used for guests in zones 1(a), 1(d) and no more than 2 bedrooms in zones 2(a), 2(b), 2(c) |
|
No self-contained accommodation |
|
Approval has been obtained from the owners corporation, or the community, precinct or neighbourhood association, where a dwelling is subject to the Community Land Management Act 1989 |
|
Involves no demolition of any structure, including a dwelling or part thereof |
|
No earthworks or building in easements |
AND land must not be any of the following
-
Critical habitat
-
Wilderness
-
On or adjoining a Heritage item
-
Subject to an order under the Heritage Act
-
SEPP 14 Wetland
-
SEPP 26 Littoral Rainforest, incl 100m buffer
-
On land that on which exists an "existing use" or is for the use of a building or land that is an "existing use"
-
Contaminated site
-
High probability acid sulphate site
-
Flood liable
-
Previously used as service station, saw mill, intensive agriculture, mining or extractive industry
AND other design requirements are
|
Compliance with the Food Act 1989, the Food (General Regulation) 1997 and the Australian Institute of Health Surveyors’ National Food Premises Code |
|
Smoke alarms and lighting to assist evacuation is provided in accordance with Part 3.7.2 of the Building Code |
CHECK LIST OF DOCUMENTS REQUIRED WITH THE APPLICATION
|
|
Completed application form |
|
2 copies of Specification |
|
|
3 copies each of: |
|
Details of termite protection |
|
|
Site plan showing existing structures, easements, distances to boundaries, and benchmark for levels |
|
Owner’s consent on the application form where owner is not the applicant |
|
|
For new houses, proposed floor levels, existing ground levels, all to AHD |
|
Driveway Levels Application form for new dwellings |
|
|
Working drawings, including fully dimensioned elevations, sections and floor plans, and showing means of stormwater disposal |
|
MidCoast Water Certificate of Compliance for all applications |
|
|
Details of bracing and tie-downs |
|
Payment of fees in accordance with the schedule of fees shown below |
|
|
Engineers’ details of footings and structural members (by a qualified structural engineer) |
|
|
Required by law before approval can be issued:
Owner- Builder’s permit for owner-builder work greater than $3,000.
Proof of Home Building Act Insurance for contract work greater than $5,000.
SCHEDULE OF FEES
|
Application fee incl
GST |
Up to $100,000 |
$170 + $6/$1,000 |
|
Long Service Levy |
Payable on all building and construction work $25,000 and over |
$2 per $1,000 of cost of work |
|
Advertising the consent |
All applications |
$20 |
|
New garbage service |
Applications for new dwellings (except replacement dwellings) |
$70/dwelling |
|
Driveway levels
(Std Vehicle crossing) incl GST |
|
$121 |
|
Relocation Bond |
Minimum |
$5,000 |
|
Amended plans fee |
|
30% of original fee incl GST |
Guideline costs
per square metre of floor space in absence of detailed estimates:
dwellings $650, garages $400, carports $250, rural sheds $350, multiple dwellings, offices, shops $700, residential flat buildings, motels $850, factories $500, high rise $1,000. Swimming pools $19,000 total.
FOR FURTHER INFORMATION
Phone the District Building Surveyor for technical advice or the Customer Services Officer for general information.
|
District Building Surveyor |
Customer Services Officer |
|
|
Forster |
Mr B Arkle 6591 7249 |
6591 7291 |
|
Tuncurry, Nabiac, Stroud, Green Point |
Mr J Muller 6591 7388 |
6591 7291 |
|
Pacific Palms, Bulahdelah |
Mr S Andrews 6591 7297 |
6591 7261 |
|
Stroud, Tea Gardens, |
Mr N Green 6591 7343 |
6591 7261 |
