A Development Application (DA) is an official request to Council for permission to carry out development. This permission is called 'Development Consent.'
Please click on the following highlighted links for more information:
POLITICAL DONATIONS AND GIFTS DISCLOSURE As of 1 October 2008, state legislation now requires the public disclosure of donations or gifts when lodging or commenting on development proposals. This regulation is designed to improve the transparency of the planning system. The law introduces disclosure requirements for individuals or entities with a relevant financial interest as part of the lodgement of:
These disclosure requirements apply at the time of lodgement and during assessment of any planning applications to council or the NSW Government. Disclosure requirements also apply to individuals or entities lodging submissions in objection or support to the above types of proposals. A person is required to disclose any reportable political donations and gifts (if any) made by any person with a financial interest in the application within the period commencing 2 years before the application is lodged and ending when the application is determined. This includes;
A reportable political donation made to a local councillor or any local council includes any donation made at the time the person was a candidate for election to the council. A relevant public submission means a written submission made by a person objecting to or supporting a planning application or and any development that would be authorised by the granting of the application. How and when to make a disclosure If you are required to make a disclosure of a reportable political donation or gift under the EP&A Act, the disclosure is to be made:
Download a copy of the political donations and gifts disclosure statement Note: Reportable political donations include those of or above $1000. A gift includes a gift of money or the provision of any other valuable thing or service for no consideration or inadequate consideration. Warning The maximum penalty for any such offence is the maximum penalty under Part 6 of the Election Funding and Disclosures Act 1981 for making a false statement in a declaration of disclosures lodged under that Part. Note: The maximum penalty is currently 200 penalty units (currently $22,000) or imprisonment for 12 months, or both. For further information, refer to the Department of Planning Circular PS 08_009, which is accessible at www.planning.nsw.gov.au Council maintains a register of reportable political donations and gifts. Arrangements to view the register can be made by calling Council’s Public Officer, on 9821 9216.
When is a Development Application required? A Development Application is required to be lodged with Liverpool City Council if you intend to do any of the following:
There are some cases where a DA is not required within the Liverpool local government area. These types of applications are referred to as 'Exempt Development.' SEPP (Exempt and Complying Development Codes) 2008, lists types of development that may be carried out as exempt development without the need for approval under the NSW planning system. Constructing a swimming pool The Swimming Pools Act, 1992 and the Swimming Pools Regulation, 1998 apply to all swimming pools. Council is responsible for administering the Swimming Pools Act, 1992 and regulations in this area. Residents must notify Council of all swimming pools in the Liverpool local government area. Residents must check with Council that their pool complies with the requirements of both Acts. What is classified as a swimming pool? The Swimming Pools Act, 1992 defines a pool as following: "swimming pool" means an excavation, structure or vessel: (a) that is capable of being filled with water to a depth of 300 millimetres or more, and (b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity, and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations not to be a swimming pool for the purposes of this Act. Development Applications and Complying Development A Development Application (DA) must be lodged with Liverpool City Council if you intend to erect a swimming pool. To arrange for a DA or Complying Development Certificate to erect a pool, contact Liverpool City Council's Customer Contact Centre on 1300 36 2170. Alternatively, an application for a Complying Development Certificate (under SEPP Exempt and Complying Development Codes 2008), can be lodged with either Council or an accredited certifer. The swimming pool must meet the standards outlined in the SEPP in order for it to be considered as complying development. Swimming Pool Water Permits A permit from Sydney Water is required to fill a new or renovated pool that holds more than 10,000 Litres. This includes the filling of pools by residential customers, pool builders/renovators and non-residential pool owners. Phone Sydney Water on 13 20 92 to apply for this permit or visit the following link Sydney Water. A Sydney Water Swimming Pool Permit and Fact Sheet can be downloaded from under 'Further Information' below. Swimming Pool Safety and Compliance Establishing a child care centre
Places of Public Entertainment Removal of POPE licences under section 68 of the Local Government Act
From 26 October 2007, the regulation of the use of buildings or temporary structures as a place of public entertainment (POPE) was transferred to the Environmental Planning and Assessment Act 1979 (EP&A Act) from the Local Government Act 1993 (LG Act). Previously the use of a POPE required both a development consent under the EP&A Act and an approval under the LG Act.
The use of a POPE that is the subject of an existing POPE licence, except one that was granted after the 2007 amendments under the EP&A Act, continues despite the LG Act provisions under which the licence was granted being repealed. The conditions applying to existing approvals are preserved until 26 October 2009 under savings and transitional provisions in the EP&A Act. Arrangements for operation after 26 October 2009 are under review.
Entertainment in pubs, bars, cafes and restaurants
The principal purpose of pubs, bars, cafes and restaurants is to sell food and drinks to individuals who enter and consume the food and drinks on the premises. It is a common practice for these types of businesses to provide some form of entertainment while their patrons eat and drink. There may be recorded music or video, or television screens for the enjoyment of their customers; or other entertainment incidental to the primary use, including live music that does not have a character of its own. The provision of these types of incidental entertainment does not change the principal purpose of the pub, bar, cafe or restaurant premises – the premises continue to be used for the principal purpose of eating and drinking. The continued similar provision of incidental recorded or live music or video or television screens at pubs, bars, cafes and restaurants venues without changing the principal use of the premises, does not require further development consent as long as the premises continues to be used primarily for eating and drinking. However, if the entertainment has a character of its own or it changes the principal use of the premises, then development consent will be required, unless that use is exempt or complying development. It may not be carried out though if it is prohibited under an environmental planning instrument.
The decision as to whether the entertainment has a character of its own is a matter of fact which must be determined on a case-by-case basis. When considering this, it is important to note that simply because some form of entertainment is provided in pubs, bars, cafes and restaurants it does not necessarily mean that development consent is required. For example, an activity which provides live background music in a restaurant which is incidental to the main use of the premises, may not constitute a ‘use for the purpose of providing entertainment’ in its own right. However if the entertainment has a character of its own or if a distinctly separate room in a pub is used for live music performances, that part of the pub may be properly described as being used ‘for the purpose of entertainment’ and thus that part of the pub would need to be approved for that use under the EP&A Act. In such a case, the development may be exempt or complying development.
Focus on safety and neighbourhood amenity
Whether the facility is considered to be a pub, bar, cafe or restaurant or any other form of entertainment venue, a key consideration is the safety of the occupants. The numbers for which the place was designed or built should not be exceeded. Where the facility is old and may not have the numbers specified in the consent or permit, then the provisions in the Building Code of Australia (BCA) should apply as a general rule, for example:
Current review of the SEPP and regulations, and change of definitions
The existing State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007 (SEPP) and the associated provisions in the Environmental Planning and Assessment Regulation 2000 relating to public entertainment are currently being reviewed. Further information will be issued once this review is completed outlining the new system for regulating entertainment venues. The new system will focus on a risk-based approach that takes into account recently implemented changes to the Liquor Act 2007 and removes over regulation whilst ensuring the continued protection of public safety and community amenity.
Further information
If you have further enquiries, please contact Liverpool City Council 9821 9222 or Planning Information Centre 02 9228 6333.
Telstra - Register your development online Telstra have now developed a facility on their website for 'registration of developments.' This facility will automatically generate a standard letter for developers which should satisfy Council conditions of consent. Please click on the following link to register your development online.
Advertised Development Applications The following application is on public exhibition until Thursday 3 December 2009:
Proposal:Erection of a single storey childcare centre for 70 children providing long day care, and before and after school care with associated landscaping and car-parking. Notification Plans Landscape Plans Acoustic Report Waste Management Plan Traffic Report Proposal:Alterations and additions to existing dwelling to incorporate a first floor addition to be used for residential purposes, and part conversion of ground floor into a child care centre for 30 children with associated car parking and landscaping Notification Plans Traffic Report Statement of Environmental Effects Acoustic Report The following application is on public exhibition until Thursday 19 November 2009.
Adam Coburn To make comments on these proposed developments, write to Council before the exhibition closing date quoting Council’s reference. If your comments are an objection then the reasons for the objection should be stated. The lodging of a submission is voluntary, however if you choose not to lodge a submission your views will not be taken into account in relation to the matter. Any information you provide will be used by Council or its agents to process the application. Once lodged the information you provide can be accessed by you and may also be available to third parties in accordance with Council’s Access to Documents Policy. As of 1 October 2008, state legislation now requires the public disclosure of donations or gifts when lodging or commenting on development proposals. This regulation is designed to improve the transparency of the planning system. A person who makes a relevant public submission in relation to a planning application lodged with the Council must make a disclosure of any reportable political donation or gift made in the previous 2 years (and up to the time the matter is determined) to anyone by that person or any associate of that person including: (i) all reportable political donations made to any local councillor of the council (ii) all gifts made to any local councillor or employee of that council. A reportable political donation made to a local councillor or any local council includes any donation made at the time the person was a candidate for election to the council. A copy of the disclosure form can be downloaded here. Note: Reportable political donations include those of or above $1000. A gift includes a gift of money or the provision of any other valuable thing or service for no consideration or inadequate consideration.
|
||