The Development Process
After you lodge your application
Once you have lodged your application it is logged onto our system and forwarded to Council's Environmental Services Department to be assessed. It may be the case that following a preliminary assessment of the proposal further information will be required. In this instance, a letter is sent to the applicant requesting the required details.
How long will it take to process my application?
Council currently averages a processing time of approximately 15-20 days for local development. However, delays can be experienced when additional details are required or there are submissions objecting to the proposal. In the case of Integrated Development, the application is referred to a state agency for comment and this can delay Council's processing of the application.
Most development applications are notified to the adjoining, adjacent and potentially impacted land owners to enable them to comment. The exhibition period is usually 10 days but can vary with the scale of development.
Under what circumstances can someone object to my application?
Anyone can make a submission in relation to a development application before Council. Council must consider each submission received within the notification period.
How do I make enquiries about my Application?
You will receive a receipt of your application together with the application reference (eg T12-002). You can find out how your application is progressing by calling us and quoting the application reference number.
Who determines the Application?
On completion of the assessment, most determinations are made under delegation by staff. However, there are instances where applications are referred to a Council. Most commonly this is the case where there are objections from neighbours or there are variations to proposed to Council's policy.
A Notice of Determination
If your application is approved, a Notice of Determination by way of approval will be issued containing details of when the consent commences, when it lapses and the conditions of consent. If a refusal is issued the Notice of Determination by way of refusal will provide the reasons and explain your rights of appeal to the Land and Environment Court.
How can I make a submission?
Council's Notification Policy outlines whether an application needs notification to adjoining owners and/or placed on exhibition.
Copies of the development applications currently on exhibition are available for your perusal at Council's Offices at East Street, Harden.
You are advised that any comments regarding an application must be made in writing, addressed to the General Manager.
Your submission will be considered when the application is being assessed and should the application be reported to Council, a précis of your submission will be included in the business paper. It is important to remember that public participation is a keystone of the Environmental Planning and Assessment Act 1979 and Council is obliged by the Act to consider your application within the terms of the relevant legislation, plans and policies.
The merit of each issue raised submission is considered within the terms of the legislation and therefore one submission raising valid planning objections will generally have the same influence as many. If you are experiencing difficulties with preparing a submission please contact the Environmental Services Department for advice.
Please note when making a submission in the form of an objection that you must clearly stipulate the planning grounds on which you are objecting. For example, citing excessive overshadowing as your issue allows that impact to be considered in the assessment, where simply stating you object to the development because its undesirable does not identify the planning grounds of your objection.
The contents of your submission may be made available to the applicant, Council and the public, or may be accessed through the provisions of the Local Government Act 1993 or Government Information (Public Access) Act 2009.
In this regard, it is advised that you read the Privacy Note below.
Should you make a submission and would like to follow up that submission; you should contact Council at the conclusion of the public notification period to seek information concerning Council's decision on the application.
Political Donation Disclosures
A disclosure statement of reportable political donation or gift must accompany a submission lodged in relation to a Development Application, Development Contol Plan or EPI including Local Environmental Plans if the reportable donation or gift is made within two years before the application or submission is made. If the donation or gift is made after the lodgment of the application, a disclosure statement must be sent to the relevant consent or approval authority within 7 days after the donation or gift is made. For a copy of the disclosure form and further details on what constitutes a reportable donation refer to Council's Political Donations (LINK) page.
Pursuant to the Privacy and Personal Information Protection Act 1998, the personal information the Council is collecting from you is:
- your name;
- address; and
- any personal information in your submission.
Possible recipients of the personal information are:
- officers within Council;
- any other agent of the Council;
- people who have made submissions on the matter;
- the applicant;
- Councillors and those who attend Council meetings;
- those who access the Council business papers; and
- members of the public who seek access under relevant legislation.
The supply of this information by you is voluntary and in accordance with the spirit of relevant legislation is considered to be in the public domain. However, in certain circumstances, a person may request that their personal information be suppressed. If this is required please advise Council in writing (clearly indicating the personal information you wish to have suppressed) at the time of making the submission.
Council is collecting personal information from you in order to assess an application made pursuant to theEnvironmental Planning and Assessment Act 1979 or Local Government Act 1993.
You may make application for access or amendment to personal information held by Council.
The agency that will hold this information is Council.
Enquiries concerning privacy considerations regarding this matter should be addressed to the General Manager, Harden Shire Council, PO Box 110, HARDEN NSW 2587.