Planning applications

Usually, Orange City Council will decide applications (be the consent authority). In certain circumstances, Council staff will complete the assessment process and a regional panel or another government agency will act as the consent authority.

1. Once submitted, your application will be allocated to an assessment officer.
2. Your application may be placed on public exhibition for community comment or notification to adjoining residences.
3. If so, the assessment officer will consider all matters raised by the community during this period.

You may be requested to provide additional information during the assessment process.

Applications are assessed in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979 and on public exhibition in accordance with our Community Participation Plan (CPP).

You can track the status of any application we’re assessing, whether you are the applicant or not.

Applications can be tracked on the Application Tracker by entering the DA number, address, lot number or date lodged.

Applications can also be tracked via the NSW Government Department of Planning, Industry and Environment’s Application Tracking Service. Simply browse the map or selecting ‘Orange City Council’ from the drop-down filter menu on the right.

Once your application is considered, a decision (determination) will be made.

If permission is granted for your project, you’ll be given a development consent. Your development consent will outline any conditions that must be addressed before, during and after completion of construction or before you begin to use it. Before you start work, you may also have to obtain other certificates (Construction Certificate) or approvals (s68, Road Opening Permits).

If the Council is not in a position to support your proposal, development consent will not be granted. If this occurs, the assessment officer will then contact or meet with you to discuss and explain Council’s position.

After your application has been approved, you may apply to modify your development consent (known as a Section 4.55 Application), provided that the modified development remains substantially the same as the one that was initially approved.  There are three types of modifications:

• 55(1) Minor Modifications – to correct a minor error, misdescription or miscalculation
  Example: incorrect plan numbers were referenced on the development consent.
• 55(1a) Minor Modifications – involving minimal environmental impact
  Example:  Changes to an approved landscape plan, or minor changes to the internal configuration of a building.
• 55(2) Other Modifications – where environmental impact is possible
  Example: Changes to approved hours of operation, changes to the external configuration of a building such as window placement or height.

If you’re not able to satisfy Council that the modified proposal is substantially the same as the one that was initially approved, you will need to lodge a new development application.

You can construct some structures without gaining an approval. Some development and construction work may be classed as exempt development.

Development that:

• has minimal environmental impacts and
• fills a specific criteria

is exempt from requiring approval.

Development that has predictable and manageable impacts, and complies with specific criteria may be complying development. If the development is able to be approved with a Complying Development Certificate (CDC) you can apply to either Council or a Private Certifier for approval.

You can check the State Environmental Planning Policy (exempt and complying) to find out if your proposed development requires a consent.

Further information about exempt and complying development can be found here.  If you have any questions regarding the SEPP Exempt provisions please contact Councils Building Surveyors who are available 1pm – 4pm Monday to Friday.

Council strongly suggests that you print the relevant page of the legislation and keep it with any other approvals that you have for your property. All other development requires development consent and if construction or subdivision are involved, it may also require a construction certificate.

As the water and sewer authority, Orange City Council must approve any alterations or new connections to water and sewer and stormwater, before work begins (Section 68 of the Local Government Act).

The Checklist lists the documents that are to be provided with your application.

This Document List explains what information is required to compile these documents.

You must prepare and submit your application on the NSW Planning Portal. If Council wants to contact you, all messages will be sent through the portal.

Some categories of development applications require the applicant to disclose any political donations made to elected councillors or gifts given to council staff.

More information about these categories can be found here.