Submissions on development applications
Council’s procedure for publicly notifying a Development Application (DA), including any need for local advertising in the paper, is covered under Development Control Plan 2014, Part A14 .
DAs that are on exhibition are available on Council’s website at On Exhibition - Planning and Building
Many routine applications are not publicly exhibited or advertised.
Who can make a submission on a development application?
Anyone may make a submission on a development application, particularly if you feel that you, your property or your locality may be affected by a proposed development.
Do I have to make a submission?
No. You should judge whether the proposal will affect you. This may involve some discussion with the Planner assessing the application. If you are satisfied, there is no need to make a submission.
How should a Submission be made?
It is preferable that submissions are made using Council’s online form . Your submission should relate directly to what is proposed in the application and the possible impact on you, the surrounding property or the locality.
Council staff can answer questions on specific technical issues relating to applications but are not in a position to comment on the merits of the proposal at public exhibition stage nor is it appropriate that they assist you in formulating submission. When making your submission, you can refer to relevant Council development guidelines and State Environmental Planning Policies (SEPPs).
Who can I talk to about my Submission?
You can contact the Planner assigned to the development application to discuss the proposal.
How long do I have to make a Submission?
In most cases the notification period for DAs is 14 days. Council’s Development Control Plan 2014 Part A Preliminary or Development Control Plan 2010 Chapter 17: Public Exhibition and Notification of Development Applications (as applicable) allows for an extension to the notification period over Christmas and Easter.
When should I send my submission to Council?
Submissions must be received at Council by the date and time specified in Council’s letter or exhibition information. If you are sending your submission by mail, make sure you allow for delivery by 4pm on the last date of the submissions.
If for some reason you can not meet this deadline, talk to the Planner handling the application before the closing date for submissions.
Does the number of submissions that Council receives determine the outcome of the application?
Generally, the number of submissions received in response to a development application does not have a bearing on the outcome of the application. The matters raised in the submissions and the potential impacts of the development are the primary consideration.
Will my Submission remain confidential?
Submissions will be made public in accordance with Schedule 1 clause 3 of the GIPA Regulations 2009 including both the substance of the objection and the identity of the objector. For assistance with this please call Council’s Records Coordinator.
What happens after I make a Submission?
Your submission will be considered by Council staff during the assessment of the development application. You can monitor the status of a development application via Council’s eServices webpage . Notification of the determination will be provided within the Council Notices page of the Byron Shire News once the development application has been determined.
You will be able to access a copy of the determination notice on Council’s Notices of Determination for Development Applications webpage approximately one week following the determination. If approval is granted, the notice sets out conditions imposed on the consent. If the development application is refused, the notice sets out the reasons for the refusal.
Where a development application is required to go before a Council meeting for determination by Councillors, you will be advised of the time and date of the meeting, where you (or where there are multiple people wishing to address Council, a representative of those people) have the opportunity to address the Councillors before they make their decision. The assessment report and recommendation will be available on Council’s website approximately one week before the meeting.
How is a decision made?
Development applications must be considered in accordance with the applicable requirements of the Environmental Planning and Assessment Act 1979 , Environmental Planning and Assessment Regulation 2000 , SEPPs and Council development policies . In determining a development application Council considers the following matters (refer to section 79C of the Act and Part 6 Division 8 of the Regulation ) eg:
- Provisions of the relevant planning instruments and policies;
- Likely impacts of the proposed development;
- Suitability of the site for the proposal;
- All submissions regarding the proposal that have been made in accordance with the Environmental Planning and Assessment Act and Regulation; and
- The public interest.
Political Donations and Gifts Disclosure Statement
If you are making a submission you may be required to lodge, now or possibly in the future, a “Political Donations and Gifts Disclosure Statement”. It is your responsibility to ensure you meet your obligations to disclose reportable political donations and gifts. A failure to meet your obligations is an offence the penalty for which can include significant fines and/or imprisonment. A Guideline is available providing detailed information on the disclosure obligations. Council strongly urges you to read the Guideline and satisfy yourself that you are complying with your disclosure obligations prior to lodging a submission. All Political Donations and Gifts Disclosure Statements will be public documents and all information contained in them will be available to the public and government agencies.
Who discloses a political donation or gift?
Any person who makes a submission regarding a development application to Council is required to disclose all reportable political donations made to any local councillor or any gifts made to any local councillor or employee of that council. This applies to the period commencing two years before the application is made and ending when the application is determined.
A ‘Disclosure Statement of Political Donations & Gifts’ form may be collected from Council offices or downloaded from Council’s website. Detailed reportable donation disclosure requirements are outlined within that form.