Common Application Types

If you plan to build an animal shelter, you may not need approval if your plans fit in with the requirements for Exempt Development. To find out the requirements for exempt or complying development go to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Whether you need approval or not depends on various factors such as:

• Zoning of your property.
• Size of the animal shelter.
• Proposed location of the animal shelter on the property.
• Height of the animal shelter.
• If comprised of metal components, whether it is constructed of low reflective material.

The development must be on land on which exempt development may be carried out under the State Environmental Planning Policy Exempt and complying Development Codes 2008 (Codes SEPP). If your plans do not meet the criteria to make them Exempt, you will need to apply for a Complying Development Certificate or a Development Application.  

Bed and breakfast (B&B) accommodation is a type of 'tourist and visitor accommodation' and means 'an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where:

• Meals are provided for guests only.
• Cooking facilities for the preparation of meals are not provided within guests’ rooms.
• Dormitory-style accommodation is not provided.

If your B&B complies with the requirements of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 you can lodge Form 3 - Complying Development Application with us (or a private certifier).

If your proposal is not Complying Development, you will need to lodge a Development Application (DA) with us. It is important to note, that in accordance with clause 5.4 of the Yass Valley Local Environmental Plan 2013 your B&B cannot consist of more than 5 bedrooms.

Getting your application information correct
So we can assess you DA as quickly as possible, your DA should be accompanied by:

• Details of the business including food and beverage service and guest amenities.
• A site plan indicating the location of the dwelling.
• Floor plan/s.
• Elevations. 

If you plan to build a carport, you may not need approval if your plans fit in with the requirements for Exempt Development. To find out the requirements for exempt or complying development go to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

Whether you need approval or not depends on various factors such as:

• Zoning of your property.
• Size of the carport.
• Proposed location of the carport on the property.
• Height of the carport.

The development must be on land on which exempt development may be carried out under the State Environmental Planning Policy Exempt and complying Development Codes 2008 (Codes SEPP). If your plans do not meet the criteria to make them exempt you will need to apply for a Complying Development Certificate or a Development Application. 

If you want to change the use of an existing building you may not need approval if your plans fit in with the requirements for Exempt Development. To find out the requirements for Exempt or Complying Development go to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

The development must be on land on which Exempt Development may be carried out under the State Environmental Planning Policy Exempt and complying Development Codes 2008 (Codes SEPP).

If your plans do not meet the criteria to make them Exempt you will need to apply for a Complying Development Certificate or a Development Application. 

A driveway application is required for every driveway cross-over that connects a property with the roadway. As this work is on public land, we need to ensure that construction complies with the relevant standards. We also need to ensure that the safety of all road users, including pedestrians and cyclists, is protected both during and after construction.

The below documents must accompany Form 35 - Application for activities in a Council road reserve.

• Site plan showing the location of all buildings on site and driveway location.
• Name of Contractor/tradesperson carrying out works.
• A copy of Public Liability Insurance ($20m). 

A dwelling is defined by the Yass Valley Local Environmental Plan (LEP) 2013 as 'a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile'.

Do I need approval? All new dwelling houses require approval. There are two approval pathways:

• Complying – your development must meet the relevant requirements of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as explained below.
• • If your land is zoned R1, R2, R3, R4 or RU5, your development must meet the requirements of the Housing Code. 
  • If your land is zoned RU1, RU2, RU3, RU4, RU6 or R5, your development must meet the requirements of the Rural Housing Code.

If your development satisfies the applicable requirements you can lodge an application for a Complying Development Certificate.

• Development Application – if your dwelling is not complying development, you will need to lodge a Development Application with us.

If your land is zoned RU1, RU2, RU4, E3 or E4, you will need to make sure your land has a dwelling entitlement in accordance with Clause 4.2B of the Yass Valley LEP. 

What documents do I need?

So we can assess your application as quickly as possible, your application must be accompanied by:

• Site plan. 
• Floor plan.
• Elevations and sections.
• BASIX Certificate.
• Engineers details for footings and/or a steel frame (as applicable).
• Details of rainwater tanks, on-site sewage management and/or solid fuel heater (as applicable).

Earthworks (excavation/cut and fill) and structural supports (including retaining walls and other forms of structural support) are types of development that can be undertaken as Exempt Development or Complying Development. To find out the requirements for exempt development go to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Whether you need approval or not depends on various factors such as:

• Cut or fill not be of more than 600mm below or above ground level (existing). 
• Proposed location of the development on the property.
• Retaining wall not be more than 600mm high, measured vertically from the base of the development to its uppermost portion.
• Not redirect the flow of any surface water or ground water or cause sediment to be transported onto an adjoining property.

The development must be on land on which Exempt Development may be carried out under the State Environmental Planning Policy Exempt and complying Development Codes 2008 (Codes SEPP).

If your plans do not meet the criteria to make them Exempt you will need to apply for a Complying Development Certificate or a Development Application. 

A community event may be organised by a community or private organisation. It includes shows, fetes, carnivals, cultural, religious or sporting events. A community event is any event that is open to the public, whether or not there is an entry fee.

Whether approval is required to hold and outdoor community event will depend on a number of factors, including:

• Whether the event is consistent with the existing approved use of the land or whether it is different ‘temporary’ use of land.
• The type, scale and nature of the event.
• The likely impacts and risks of the event.
• Whether road closures are required.

Outdoor community events which have an expected attendance in excess of 300 people, including those proposed to be held on Council land, will generally require approval through a development application.  

If you are planning on holding a community event it is recommended that you contact us at the earliest opportunity to determine whether an approval is required. 

When a Development Application is required

Where a land use approval is required for outdoor community events, this will generally need to be obtained by lodging a development application. Approvals may be issued to cover multiple years, depending on the type of the event.

Development applications submitted for small outdoor community events (anticipated 300-2,000 people) must include the following minimum standard of information:

• Completed Development Application form
• If not on Council land, a copy of land owner’s consent
• Site plan showing all areas of the event and proposed structures
• Risk assessment
• Details of any temporary structures to be erected (tents, marquees, stages, etc.)
• Details of proposed signage
• A written brief outlining the details of the event, including consideration of:
  • The dates and duration of the event
  • The anticipated number of people attending
  • Exits from buildings and event area
  • Toilet facilities – adequate for the number of people attending
  • Toilet facilities and access around the event for persons with a disability
  • Emergency lighting
  • Security
  • Fire separation
  • Garbage and waste disposal
  • Provision of first aid
  • Noise – any anticipated issues and management responses
  • Potential neighbour and amenity concerns
  • Pollution
  • Alcohol or drug use – any anticipated issued and management responses
  • Food preparation
  • Fireworks – refer to our Fireworks Fact Sheet(PDF, 331KB)
  • Amusement devices

Traffic management plan, including details of car parking. Outdoor community events which include a large number of people attending or involve the closure of roads may need to supply a certified traffic control plan (TCP). These events may also be referred to the Traffic Committee for approval.

Public Liability Insurance – minimum cover $20 million

Development applications for public events may be subject to neighbour notification, community consultation or need to be reported to a meeting of Council for determination. Please allow at least 60 days from lodgement for a determination.

Additional information to consider

Toilet Facilities

• The event organiser will need to ensure that there are an adequate number of toilet facilities at the event for the anticipated number of people. If there are not enough permanent toilet facilities at the event site, you will need to supply portable toilets. An adequate number of accessible toilet facilities for persons with a disability must also be provided.
• The Safe and Healthy Mass Gatherings Australian Emergency Manual provides guidance for the number of toilets that should be provided for events where alcohol is not available:

The above figures may be reduced for shorter duration events as follows:

Fees and charges may be levied for any additional cleaning services that are required to be provided by Council.

Public Liability Insurance

• Condition of an approval may also require the public liability insurance to nominate Council, the Roads & Maritime Services and/or the NSW Police as interested parties.
• The event organiser should also ensure that each stall holder has Public Liability Insurance to the minimum value of $10 million, or are covered by the event organiser’s Public Liability Insurance to the minimum value of $10 million, for the duration of each event.

Food Safety

• A number of regulations apply in relation to the sale of food and food safety at outdoor community events. Generally, a Food Business and/or Food Safety Supervisor Notification form will need to be completed and returned to Council (being the appropriate food authority) as the food authority prior to each event.
• The NSW Food Authority provides a comprehensive Guideline for Food Businesses at Temporary Events.
• As the local Food Authority, Council may conduct inspections of food businesses during the outdoor community event. A fee may be levied for each food business inspection in accordance with Council’s Fees and Charges. Council’s Environmental Health Officer’s will clarify whether fees will be payable for food business inspections prior to the event. It is suggested that event organisers include the inspection fee in the rate that they charge food business to set up at the event.

Drugs, Alcohol and Liquor Licences

• Any outdoor community event that may have an increased likelihood for drug or alcohol consumption will be referred to NSW Police in the course of assessing the development application. 
• Your development application should clearly outline whether drug use is reasonably likely and whether there is intention to serve or allow consumption of alcohol.
• Where it is proposed to serve alcohol in a location that is not licenced, you will need to obtain a liquor licence. A copy of the liquor licence will need to be supplied to Council prior to each event.
• More information on limited liquor licences can be found on the NSW Liquor and Gaming website.

Venue Bookings

• Council does not take formal bookings for its parks as they are available for the public to use at any time. However, it is important to ensure that the dates of your event do not clash with another organised event. This can be done through advising us of the proposed dates at the earliest opportunity. 
• Certain outdoor community events in Council parks (such as motor vehicle displays) may be approved for dry weather only.

Primitive Camp Grounds

• Details of any proposed primitive camp ground must be included in your development application, including a site plan which clearly designates the extent of this area.
• Fees and charges may be levied for any additional cleaning services that are required to be provided by Council.

Planning an Accessible Event

• Invitations & Advertising
• • Is advertising provided in a variety of formats - posters, radio, newspaper?
  • Is the colour of text and background well contrasted?
  • Have you used a clear font type?
• Food & Beverage
• • Have you considered all dietary requirements?
  • Are stalls wheelchair accessible?
• Assistance Dogs
• • Is there water for assistance dogs?
  • Is there a quiet area for assistance dogs to rest?
• Emergency Exits
• • Can emergency exits be accessed by people in wheelchairs or with limited sight?
  • Are both visual and verbal warnings provided in an emergency?
• Venue
• • Are floor surfaces even and wheelchair friendly?
  • Is signage large, clear and legible?
  • Are there wheelchair accessible toilets?
  • Is there enough room on paths for people to move with a companion?
• Parking
• • Is accessible parking available?
• Outside areas
• • Is shade and shelter available? Is it accessible?

In general, fences do not need Council approval if they meet the requirements for Exempt or Complying Development. To find out the requirements for Exempt or Complying Development go to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. The subdivision 17, 17A, 18 & 19 of this document contain information about fencing as Exempt Development.

The development must be on land on which Exempt Development may be carried out under the State Environmental Planning Policy Exempt and complying Development Codes 2008 (Codes SEPP).

• Dividing Fences Act 1991

Each owner is equally responsible, unless a swimming pool is involved or the neighbouring land is either Crown Land or Public Land (being 'community' land or public road) owned by Yass Valley Council. If a swimming pool is erected on one property, and the dividing fence is required to form part of swimming pool fencing, then section 33 of the Swimming Pools Act 1992 overrides the Dividing Fences Act 1991. If the neighbouring land is Crown Land or Public Land as referred to above, then the Crown and Yass Valley Council are also Exempt from the Dividing Fences Act 1991 with regard to sharing the cost.

Talk to your neighbour

You and your neighbour must agree on the fencing proposal and cost if it is a shared fence (dividing fence). Information about the law on dividing fences and boundary disputes can be found at the NSW Government's LawAccess website. This website can help you if:

• You want to build, fix or replace a dividing fence.
• You have a disagreement with your neighbour about a dividing fence.
• You have a disagreement with your neighbour about where the common boundary between your properties is.

Community Justice Centres can help you resolve any disputes without going to court. To find out more, call 1800 990 777 or visit www.cjc.nsw.gov.au. 

If you plan on importing material for earthworks or filling on rural land, this will generally require approval unless it is Exempt Development under State Environmental Planning Policy (Exempt and Complying Development).

As Exempt Development
Importing material for earthworks and filling on rural land will not require approval only where it fits the requirements for Exempt Development. There are a number of limitations for earthworks and filling on rural land as Exempt Development, such as:

• Must not involve more than 100m³ per lot. 
• Must not involve fill of more than 600mm above existing ground level. 
• Must only consist of Virgin Excavated Natural Material (VENM) as defined in Protection of the Environment Operations Act 1997.

Where importing material for earthworks or filling on rural land does not meet the requirements for Exempt Development, you will need to lodge a Development Application.

When a Development Application is required
A Development Application for importing material for earthworks or filling on rural land is required where it does not meet the requirements for Exempt Development. The information required to accompany this type of Development Application will depend on the nature and scale of the proposal. The following information may be necessary:

• A step-by-step project plan and Statement of Environmental Effects. 
• For gully and erosion restoration, a Site and Soil Erosion Control Plan prepared by a suitably experienced soil consultant. This must outline the purpose of the project, the options for restoration, and the step-by-step project plan for how work is to be undertaken. 
• Details of the volume of material required. This may require a survey of the site or gully to be undertaken. 
• A plan of the site, clearly identifying the areas for earthworks or filling. 
• An estimate on the number of truck movements.
• An estimate on the duration of the project. 

Development Applications which involve importing material will generally be publicly exhibited and may be referred to external government agencies. Where three or more submissions are received raising objection or concern in relation to a proposal, the application must be determined at a meeting of Council rather than by staff under delegation.

Development Consents granted where more than 8,000m³ of material is being imported per year will be subject to heavy haulage monetary contributions for road maintenance. Council is currently in the process of reviewing developer contributions, which is likely to change in the near future.

Conditions of Consent will vary depending on the nature and scale of the proposal, but can include:

• Restrictions on hours of operation and number of truck movements.
• Requirement to complete and submit fill movement logs, NSW VENM & ENM certificate (including testing, where required).
• Requirement for surveys and validation sampling/reports to be submitted.

Classification of Material in NSW – VENM & ENM
It is important to draw the distinction between the definitions for material classification and the variation of these in NSW and ACT legislation. First and foremost, the activity is being undertaken in NSW and therefore the definitions and requirements of the NSW legislation are applicable.

In NSW, it is important to draw the distinction between virgin excavated material (VENM) and excavated natural material (ENM) which are defined below:

• Virgin excavated natural material (VENM) is as defined in the Protection of the Environment Operations Act 1997:
• • natural material (such as clay, gravel, sand, soil or rock fines):
  • • that has been excavated or quarried from areas that are not contaminated with manufactured chemicals or process residues, as a result of industrial, commercial, mining or agricultural activities, and
    • that does not contain any sulfidic ores or soils or any other waste.

• Excavated natural material (ENM) is as defined in the Protection of the Environment Operations (Waste) Regulation 2014 – Excavated Natural Material Resource Recovery Exemption:
• • naturally occurring rock and soil (including but not limited to materials such as sandstone, shale, clay and soil) that has:
  • • (a) been excavated from the ground, and
    • (b) contains at least 98% (by weight) natural material, and
    • (c) does not meet the definition of Virgin Excavated Natural Material in the Act.
  • Excavated natural material does not include material located in a hotspot; that has been processed; or that contains asbestos, Acid Sulfate Soils (ASS), Potential Acid Sulfate soils (PASS) or sulfidic ores.

A VENM certificate issued in the ACT does not necessarily constitute VENM under NSW legislation. It is therefore important that correct certification is obtained when working across jurisdictions.

ENM is excavated natural material that consists of at least 98% natural material (and therefore does not meet the definition of VENM). A resource recovery order (RRO) and resource recovery exemption (RRE) issued by the NSW Environmental Protection Authority (EPA) under the Protection of the Environment Operations (Waste) Regulation 2014 allows the use of ENM in earthworks, subject to conditions which include specific requirements for source testing. Any other material is generally considered to be ‘waste’, unless it meets another resource recovery order/resource recovery exemption. Waste cannot be used for filling projects.

BRU (Beneficial Reuse) is also an ACT definition and does not correspond with NSW legislation.

Controlled Activity Approvals - NSW Department of Primary Industries Approval
Work being undertaken within 40 metres of water front land (eg. a ‘blue line’ or watercourse on the topographic maps) will generally also require a controlled activity approval from the NSW Department of Primary Industries.

Further Information – Managing Erosion Gullies
Local Land Services (LLS) have a number of resources to assist landowners in managing erosion gullies. Further information can be found on the LSS website or by contacting 1300 795 299. 

A function centre is 'a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility'.

You can operate a function centre in the following zones:

• RU1 Primary Production.
• RU2 Rural Landscape.
• RU4 Primary Production Small Lots.
• RU5 Village. 
• B2 Local Centre.
• E4 Environmental Living. 
• RE1 Public Recreation.
• RE2 Private Recreation.

If you are looking to operate a function centre, you will need to lodge a Development Application (DA) with us.

Getting your application information correct
So we can assess your DA as quickly as possible, your application should be accompanied by:

• Details of the business including:
  • Frequency and type of events.
  • Days and hours of operation.
  • Number of employees.
  • Food and beverage service.
  • Guest transportation (e.g. coaches and/or cars).
  • Guest amenities.
• A site plan.
• Floor plan/s. 
• Elevations. 
• Details of onsite sewage management (if required).

Talk to your neighbours 
Your neighbours will be notified of your proposal, so it is a good idea to have a chat with them first to discuss any concerns they may have. Some concerns may be noise and increased traffic.

What if I am having a private function?
If you are having a private, one-off event on your land (e.g. a wedding), you don’t need approval from us (but we still recommend you let your neighbours know!). If you are putting up a marquee for your event, as long as it meets the requirements of State Environmental Planning Policy (Exempt and Complying Development) 2008, this also doesn’t need approval from us.

If you plan to build a gazebo, garden shed or a green house, you may not need approval if your plans fit in with the requirements for Exempt Development. To find out the requirements for Exempt or Complying Development go to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Whether you need approval or not depends on various factors such as:

• Zoning of your property
• Size of the structure/building
• Proposed location of on the property
• Height of the structure/building

The development must be on land on which Exempt Development may be carried out under the State Environmental Planning Policy Exempt and complying Development Codes 2008 (Codes SEPP).

If your plans do not meet the criteria to make them Exempt you will need to apply for a Complying Development Certificate or a Development Application. 

If you plan to build a garage to park vehicles in, you will need approval. A garage may be a Complying Development if it meets the requirements of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Whether it is complying or not depends on various factors such as:

• Zoning of your property.
• Size of the garage.
• Proposed location of the garage on the property.
• Height of the garage.

If your plans do not meet the criteria to make them Exempt, you will need to apply for a Complying Development Certificate or a Development Application. 

Granny flats are also known as ‘secondary dwellings’. They are self-contained dwellings built as part of a house, as an addition to your existing building or a stand alone building. More information about 'Granny Flat' development can be obtained from the NSW Planning Portal. 

The State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPP AH) allows some secondary dwellings in residential zones. You will need approval. There are two ways to apply for this:

• Complying Development Certificate (CDC) - If your plans meet the requirements of the SEPP AH you can apply for a CDC. This provides a more streamlined approval process for straightforward development proposals.
• Development Application (DA) - You will need to lodge a DA if your property zoning is R5 - Large Lot Residential, or if you can't meet the requirements of the SEPP AH. If you cannot meet the requirements, the secondary dwelling may be permissible under Yass Valley Local Environmental Plan 2013 (LEP).

A home business, a home industry or a home occupation that does not involve the manufacture of food products or skin penetration procedures is likely to be classed as Exempt Development and does not require you to lodge an application with Council. 

Home Business
Home business means a business that is carried out in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:

• The employment of more than 2 persons other than those residents.
• Interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise.
• The exposure to view, from any adjacent premises or from any public place, of any unsightly matter.
• The exhibition of any signage (other than a business identification sign).
• The sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building.
• Does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.

See clause 5.4 of Yass Valley Local Environmental Plan 2013 for controls relating to the floor area used for a home business.

Home Industry
Home industry means a dwelling, or a building ancillary to a dwelling, used by one or more permanent residents of the dwelling to carry out an industrial activity that does not involve:

• The employment of more than 2 persons other than those residents.
• Interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise.
• The exposure to view, from any adjacent premises or from any public place, of any unsightly matter.
• The exhibition of any signage (other than a business identification sign).
• The sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building.
• Does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.

See clause 5.4 of Yass Valley Local Environmental Plan 2013 for controls relating to the floor area used for a home industry.

Home Occupation
Home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:

• The employment of persons other than those who are residents.
• Interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise.
• The display of goods, whether in a window or otherwise.
• The exhibition of any signage (other than a business identification sign).
• The sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail – even those produced at the dwelling.
• Does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises. 

For more information, please refer to Council's Home Based Business Fact Sheet(PDF, 195KB) .

If your home is not connected to a reticulated sewerage system (the sewer), you will have an On-Site Sewage Management System (OSSMS) located on your property accepting, treating and dispersing the waste water from your home within the confines of your land. Installation of OSSM systems has to be approved by Council either through a Development Application (DA) or a Section 68 Application (S68).

If seeking approval through S68 of the Local Government Act 1993, the below application form must be submitted to Council for approval:

• Form 5 - Plumbing Drainage & On-site Sewage

Items to accompany both types of applications:

• The prescribed application and inspection fees.
• A site and soil evaluation report for wastewater disposal conducted by an appropriately qualified and experienced wastewater consultant.
• A site plan to scale detailing the location of the proposed OSSMS and its effluent application area. All buffer distances to all waterways and dams, buildings and driveways, swimming pools, water storage tanks and property boundaries must be shown.
• Manufacturer’s details of the proposed OSSMS and NSW Health Accreditation Certificate.

More information about OSSMS operation can be found under our public health inspection information.

If you plan to install a rainwater tank, you may not need Council approval if your plans fit in with the requirements for Exempt Development. 

• To find out the requirements for Exempt Development for rainwater tanks (above ground) go to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. 
• To find out the requirements for Exempt Development for rainwater tanks (below ground) go to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Whether you need approval or not depends on various factors such as:

• Zoning of your property.
• Size of the tank/s.
• Proposed location of the tanks on the property.
• Whether any cut or fill is needed.

If your plans do not meet the criteria to make them Exempt, you will need to apply for a Complying Development Certificate or a Development Application.

If you plan to build a shed, you may not need approval if your plans fit in with the requirements for Exempt Development. On a rural property, you can build a shed for agricultural purposes as Exempt Development if it meets certain requirements. This is also the case for a garden shed on a residential property. Please note that if the shed is to be used for non-agricultural vehicle parking, it needs to be classified as a garage.

To find out the requirements for Exempt Development go to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Whether you need approval or not depends on various factors such as:

• Zoning of your property.
• Size of the shed.
• Proposed location of the shed on the property.
• Height of the shed.

The development must be on land on which Exempt Development may be carried out under the State Environmental Planning Policy Exempt and complying Development Codes 2008 (Codes SEPP).

If your plans do not meet the criteria to make them Exempt, you will need to apply for a Complying Development Certificate or a Development Application.

It is a legal requirement to gain approval from Council before you install a solid fuel heater in your home or business. Solid fuel heaters are also known as ‘slow combustion heaters’, ‘pot belly stoves’, ‘wood fire heaters’ or ‘tile fires’.

Before you install a solid fuel heater, you must obtain approval from Council as per Section 68 of the Local Government Act 1993. To seek approval from Council, you will need to lodge the following Information:

1. A completed Form 215 - S68 Solid Fuel Heater Application.
2. A floor plan demonstrating the location of the solid fuel heater, including room names, outline of the structure and dimensions from the heater to nearby walls and windows.
3. Make and model of the solid fuel heater you are applying to install, including an installation guide.
4. Evidence that the solid fuel heater complies with Australian Standard AS2918:2001 Domestic solid fuel burning appliances - Installation.
5. Evidence that the solid fuel heater complies with Australian Standard AS4013:2014 Domestic Solid Fuel Burning Appliances - Method for Determination of Flue Gas Emission.

It is to be noted that a solid fuel heater must be installed by a suitably qualified trades person, who at the completion of installation must provide you with a completed Compliance Certificate. This completed Compliance Certificate is to be forward to Council so a Final Certificate for Use can be issued.

A list of all currently certified wood heaters in relation to AS4013:2014 can be found on the Certified Wood Heaters. This should be checked prior to the submission of your application.

It is important to note the following common installation issues can cause excessive smoke:

• Flue length is too short for adequate 'draw'. The flue is an important component of the wood heater installation and needs to be long enough to draw sufficient air for proper combustion of the fuel.
• Poor location of heater and/or flue. A wood heater will perform better (in terms of both heating effectiveness and reduced smoke emissions) when located towards the centre of the home and not against an outside wall. 

The subdivision of land for one or more of the following purposes can be undertaken as an Exempt Development.

• Widening a public road.
• Realignment of boundaries.
• Rectifying an encroachment on a lot.
• Creating a public reserve.
• Excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public toilets.

To find out the requirements for subdivision as Exempt Development, go to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

If your subdivision is not Exempt Development, you will need to lodge a Development Application with us. There are three types of subdivision which may be undertaken:

1. Torrens title – This is the most common type of subdivision as it results in the most traditional form of ownership. Often referred to as ‘freehold’ subdivision, the title has one registered owner of the land and they are solely responsible for the property's upkeep.
2. Community title – This type of subdivision creates lots that are individually owned (i.e. private property) and a ‘community’ lot, which is the shared responsibility of the individual owners. The community lot typically consists of land or infrastructure that is common to the development (e.g. a driveway or open space area).
3. Strata title – Similar to Community title, whereby individual lots owners are responsible for common property, except the individual lots are defined by the floor plan of a structure. On this basis, this type of subdivision can only be undertaken if there is a building on the land and is typical for a townhouse or unit development to be subdivided in this way. 

In most instances:

• The lots you are creating must meet the minimum lot size applicable to your land. This can be found by using the NSW Planning Portal.
• Additional lots created will attract developer contributions, which are required to be paid to Council. In residential areas, this will also consist of head works charges for increased demand on Council’s water and sewer services.  

A swimming pool is defined as anything that is:

• Capable of being filled with water to a depth of greater than 300mm.
• Is primarily used for swimming, wading, paddling or any other human aquatic activity.

Outdoor spas and swim spas are classified as swimming pools.

New swimming pool - do I need approval?
It depends whether or not your proposed swimming pool meets the Exempt or Complying Development requirements set out in the State Environmental Planning Policy (Exempt and Complying Development).

• If the Exempt Development requirements are met, approval is not required and you do not need to lodge an application with Council.
• If your pool is not considered Exempt Development, it may be classed as a Complying Development. You will need to lodge an application for a Complying Development Certificate (CDC).
• If your pool is not considered as either Exempt or Complying, then a Development Application (DA) will need to be lodged.

If an approval is required the following items are to accompany both types of applications:

• Site plan (drawn to scale with sewage management system and application area clearly marked, as well as distance to house).
• Pool details (size and shape).
• Engineers details for the footing to be installed around the pool.
• Pump and filter details (make and model).
• • With regards to the filter for the pool, if it is not a cartridge based system it will require a Section 68 Approval for the drainage of waste water.
• BASIX Certificate (for pools over 40,00 litres).

Selling or leasing a property with a swimming pool or spa

From 29 April 2014, a swimming pool owner must obtain a swimming pool Compliance Certificate before they can sell or lease their property. Form 150 - Swimming Pool Compliance Certificate certifies that the swimming pool barrier fencing complies with the relevant standard. The swimming pool compliance certificate is valid for a period of three years. Before you can apply for a swimming pool compliance certificate, you must ensure that your pool is registered on the NSW Swimming Pool Register.

A self-assessment of the swimming pool should be completed before a Council Officer attends the property. A basic check list can be found on NSW Swimming Pool Register. Once Council has received your application and a payment has been made, a Council Officer will contact you to arrange a suitable time to undertake an inspection of your swimming pool. 

The term ‘transportable dwelling’ is commonly used to refer to dwellings that are transported (partly or wholly pre-assembled) to a site then installed. Another term for transportable dwelling is a 'relocatable dwelling'.

The installation of a transportable dwelling requires Development Consent (for use of the land) and approval under Section 68 of the Local Government Act (for installation of the dwelling) prior to the installation on the land. A BASIX Certificate is not required for a transportable dwelling. To find more information about approval requirements go to NSW Department of Planning.