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FAQS
When is the most appropriate time to have an e-plan compliance assessment done on my project?
What is a DA?
What is an LGA?
How do I find out which LGA my site is located in?
What is an LEP?
What is a DCP?
What is a SEPP 1 objection/application?
What is SEPP 65?
What are the 'Rules of Thumb' in the Residential Flat Design Code (the Code)?
How do I know whether SEPP 65 and the Residential Flat Design Code apply to my development?
What if I am not sure what my project's correct Project Level is?
What if my project does not comply?
What steps should I take if my project does not comply?
When is the most appropriate time to have an e-plan compliance assessment done on my project?
E-plan assessments are best undertaken when draft architectural plans for a project are sufficiently complete to make accurate measurements, but before final plans for DA submission are made. If the proposal alters significantly after the initial e-plan assessment, a further assessment may be necessary.
What is a DA?
A DA is a development application.
What is an LGA?
An LGA is a Local Government Area, which is the area governed by a local council/government such as Waverley Council, Baulkham Hills Council or City of Sydney Council.
How do I find out which LGA my site is located in?
There are a number of ways to determine which LGA your site falls within. The UBD directory provides LGA boundary lines. You can also go to the Department for Local Government's website and enter the address of your property. Finally, local council websites often have maps showing the boundaries of their LGA.
What is an LEP?
An LEP is a Local Environmental Plan. This is a statutory document legally adopted by the State Government to provide core development controls for development in the LGA to which it applies. Most LGAs have only one applicable LEP.
As an LEP is a statutory document, development proposals are required to comply with its controls in most cases. Where non-compliances are proposed, a SEPP 1 objection/application must be submitted with the application.
What is a DCP?
A DCP is a Development Control Plan, which provides detailed development controls for developments within an LGA. In most cases more than one DCP applies to a single development site. Sometimes use-specific or site-specific DCPs apply. As a DCP is not a statutory document, non-compliance with a DCP does not require a SEPP 1 objection/application. However, it advisable to comply with as many DCP controls as possible as Council and the Land and Environment Court are placing increasing importance on DCP controls.
What is a SEPP 1 objection/application?
A SEPP 1 objection is an application made under State Environmental Planning Policy 1 - Development Standards to alter a development control in a statutory planning document such as an LEP, for a specific development application. In order to justify a SEPP 1 objection/application, several criteria must be satisfied. If a SEPP 1 is required for your project, we strongly advise you to obtain further planning advice before submitting your application. The planners at Neustein Urban are very experienced in the preparation of SEPP 1 applications and are happy to provide further advice for an additional fee.
What is SEPP 65?
SEPP 65 stands for State Environmental Planning Policy 65 - Design Quality of Residential Flat Development which provides planning principles and requirements for residential flat developments in New South Wales. It refers to the Residential Flat Design Code (the Code).
What are the 'Rules of Thumb' in the Residential Flat Design Code (the Code)?
The 'Rules of Thumb' are specific controls and guidelines for residential flat developments.
How do I know whether SEPP 65 and the Residential Flat Design Code apply to my development?
SEPP 65 applies to development applications involving the erection of a new residential flat building, the substantial redevelopment or refurbishment of an existing residential flat building, or the conversion of an existing building to a residential flat building.
A residential flat building is defined as "a building that comprises three or more storeys (not including levels below ground level provided for car parking or storage, or both, that protrude less than 1.2 metres above ground level) AND four or more self-contained dwellings (whether or not the building includes uses for other purposes, such as shops)".
If your project falls within this definition, an assessment against the Code's 'Rules of Thumb' will be required.
What if I am not sure what my project's correct Project Level is?
We will check your Order Form before we process your payment. If your project falls into a different level than the one you have nominated on your form, we will contact you before proceeding.
What if my project does not comply?
When we email you the assessment report we will indicate the level of compliance of your project and indicate its potential for refusal or approval.
A more comprehensive assessment of the proposal's likelihood of approval, and recommendations regarding measures that could be taken to improve your project's likelihood of approval can be provided only following a more thorough planning assessment. Please contact Neustein Urban if you require this advice.
What steps should I take if my project does not comply?
This depends on the level of non-compliance of the proposal. Minor non-compliances can usually be overcome in discussion with councils. It is advisable to discuss your proposal with the relevant council before submitting your development application. Most councils have a formal process for this discussion which is referred to as a 'pre-DA'. Please contact us if you require assistance with the preparation of your pre-DA material or wish to be represented at a pre-DA meeting.
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