Steps to prepare a DA

If your development proposal is not classified as exempt or complying development, you may need to lodge a development application (DA) to get development consent. All DAs are required to be submitted via the NSW Government's planning e-portal NSW Planning Portal. 

Below is our 5-step guide to preparing and lodging a DA:

Step 1 - Does your development comply?

  • Is your development permissible? Check the property's zoning.
  • Design your development to comply with our planning controls (eg. LEP and DCP).
  • Does your development comply with all relevant NSW Government SEPPs?

Step 2 - Prepare plans and documents

Step 3 - Consult your neighbours

  • Discuss your development proposal with your neighbours prior to lodging your DA. Early consultation can often alleviate any concerns about what you are proposing to do. Your neighbours may also identify issues with your development proposal that you may not be aware of (eg. privacy, overshadowing).
  • If you are living in a strata building, check whether you need body corporate approval for your development before preparing a DA. Their consent is required per the requirements of the e-portal at the time of lodgement.  

Step 4 - Apply for a pre-DA consultation (optional)

You may wish to undertake a pre-DA consultation to seek the advice of staff regarding the proposal. Due to its popularity, the current processing time for pre-DA’s is 4-6 weeks following the initial quality review of the application.

Learn more about applying for a pre-DA consultation

Step 5 - Lodge your DA

  • Contact our Customer Service staff on 9424 0000 to receive a fee quote for lodging your DA or check Councils Fees and Charges for application lodgement fees.
  • A Planning Reform Fee may also be applicable. Building or subdivisions that have an estimated development cost (EDC) greater than $50,000 pay a Planning Reform Fee to the NSW Government. The fee is calculated using a formula which is collected on behalf of the State Government in accordance with Clause 266 of the Environmental Planning and Assessment Regulation 2021.
  • Your DA application will need to be lodged via the NSW Planning Portal.
  • Make your cheque payable to Ku-ring-gai Council, cross ‘Not Negotiable’ and mail to Locked Bag 1006, Gordon NSW 2072. You can also pay by credit card.

Credit Card Payment Form(PDF, 183KB)

Post DA consent

  • When Council has made a decision on an application, a Notice of Determination is sent to the applicant. Where an application is approved, the Notice will include conditions of consent and the date of the consent. Where an application is refused, the Notice will include the reasons for refusal.

  • Read the Guide to the Building Approvals Process to identify the next steps involved or if you require further approvals.

  • You will need a Construction Certificate to be issued by Council or a private accredited certifier if your approved DA involves building works.

  • Relevant council forms:

Principal Certifying Authority Service Agreement form(PDF, 330KB)

Notice of Commencement of Building, Subdivision or Demolition Work(PDF, 818KB)

Changes to DA consent - Sections 4.55 and 4.56 

If you need to change a DA after Council has given development consent there are several ways to do this. Each way depends on the changes you want to make and how they will affect the DA that was originally approved.

  • To correct a minor error, an incorrect description or miscalculation, a section 4.55(1) application is required.
  • For minimal environmental impact changes, a section 4.55(1A) application is required.
  • To modify the consent in other ways, due to design changes for example, evidence needs to be provided that the development will be substantially the same. This requires a section 4.55(2) application.
  • To modify a consent handed down by the Land and Environment Court, a section 4.56(1) application is required.

Sections 4.55 and 4.56 applications 

Modification of consent applications need to be lodged via the NSW Planning Portal. They also need consent from all the registered property owners for the changes to be considered. If a company owns the property, the company stamp or seal is required. If the building is subject to a strata scheme, the owners' corporation seal and authorised signatures are required.

A section 4.55 or 4.56 application needs to include:

  • Fee payment.
  • Supporting documentation.
  • Modification of consent applications lodged via the NSW Planning Portal.

Plans must be in accordance with our DA Guide(PDF, 5MB). Some applications may require an updated BASIX certificate or bushfire assessment report/certification - check with your building designer.

Estimated development cost - EDC

The Department of Planning, Housing and Infrastructure has developed a new approach to calculating and applying development costs. There is now a single definition for development costs, replacing the previous terms of ‘estimated cost of development’ and ‘capital investment value’ with ‘estimated development costs – (EDC)’. The new definition will now determine development fees and the planning approval pathway for:

  • state-significant infrastructure
  • state-significant development
  • regionally significant development
  • local development
  • complying development
  • Building Sustainability Index (BASIX) certificates.

Estimated Development Cost (EDC) of proposed development means:

the estimated cost of carrying out the development, including the following:

  • the design and erection of a building and associated infrastructure
  • the carrying out of a work
  • the demolition of a building or work
  • fixed or mobile plant and equipment.

but does not include:

  • amounts payable, or the cost of land dedicated, or other benefit provided, under a condition imposed under the EP&A Act, Division 7.1 or 7.2 or a planning agreement
  • costs relating to a part of the development or project that is the subject of a separate development consent or approval
  • land costs, including costs of marketing and selling land
  • costs of the ongoing maintenance or use of the development
  • GST.

The new definition for EDC will apply to all applications made on or after 4 March 2024, except where savings and transitional arrangements apply.

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