Some minor development, which is unlikely to result in adverse environmental impacts or impacts on your neighbours, is called "Exempt Development".   With this type of development, as long as the proposal meets the criteria stated, an approval is not required from Council e.g. a retaining wall not over 600mm high which would not interfere with stormwater flow or seepage.

Another type of development which, subject to compliance with various stated measurements is unlikely to result in adverse impacts, is called "Complying Development".   Complying Development may be undertaken, subject to you obtaining a Complying Development Certificate.   The applicant must provide all relevant information for assessment.

Exempt and Complying developments are listed in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

• Kempsey Shire Local Environmental Plan 1987 (KLEP) (approved by the Planning Minister and must be consistent with Regional Environmental Plans) whether or not types of development are permissible or prohibited in those zones.   The Plan includes matters which must be considered when determining Development Applications.
• Separate Development Control Plans (DCP's) (approved by Council and must be consistent with KLEP 1987) - relate to specific, more comprehensive guidelines for different types of development, or small sections of the planned area in the Shire.  For information click on list of DCP's

The State Government also has Planning documents under the Environmental Planning and Assessment Act, 1979 that apply to certain lands or types of development that may be environmentally significant or may cause adverse environmental effects.   These include:

• State Environmental Planning Policies (SEPP's) (approved by the Minister and must be consistent with EP&A Act Objectives) make sure that government policies are carried out uniformly, deal with important state-wide issues, such as protecting important rainforest and encouraging sustainable development that creates jobs, set general guidelines for regional environmental plans and local environmental plans and plan important projects in specific locations.   There are over 70 SEPP's such as:-

          SEPP 5 (Housing for the Aged),
          SEPP 11 (Traffic Generating Developments),
          SEPP 14 (Coastal Wetlands) and
          SEPP 71 (Coastal Protection)

• Regional Environment Plans (REPs) (approved by the Minister and must be consistent with SEPP's) deal with issues that go beyond the local area - protecting river catchments, for example, or providing public transport systems.   REPs give council a framework for detailed local planning.   The North Coast Regional Environment Plan 1988, which includes matters that must be included in LEP's and when considering Development Applications, is an example of a REPs.

Further information relating to SEPP's and REP's can be obtained from the Planning Centre in Sydney.   Phone 02 9762 8044 or email information@planning.nsw.gov.au

A number relating to SEPP's and REP's can be obtained from the Planning Centre in Sydney.   Phone 02 97628044 or email information@planning.nsw.gov.au

A number of Codes, Policies and guidelines may also be necessary to reference such as:-

• Building Code of Australia - specifies National building construction standards
• Guidelines for Erosion and Sediment control - specifies erosion control measures to be installed for all development.
• Flood Risk Management Policy - specifies development controls relating to development on flood prone land.
• Parking Code - specifies Council's parking requirements for various types of development, including residential development. (See DCP 22 Section 3.4 and 4.3 - DCP 22 - Local Housing Strategy (Urban Areas other than Crescent Head 2003) )
• Building Alignment Policy - specifies council's minimum front setback requirements inn various areas, including residential development. (See DCP 22 Section 3.2  - DCP 22 - Local Housing Strategy (Urban Areas other than Crescent Head 2003).
• Height of Buildings Policy - details how council assesses height and the process for considering variations. (See DCP 22 Section 4.6 - DCP 22 - Local Housing Strategy (Urban Areas other than Crescent Head 2003))
• Tree Preservation Order - specifies Council's requirements for tree removal.
• Local Housing Strategy - (DCP 22 - Local Housing Strategy (Urban Areas other than Crescent Head 2003)) details requirements for various residential buildings from single dwellings to residential flats.

In determining an Application, Council takes into consideration such matters as the provisions of the relevant planning instruments and codes, the likely impacts of the development, the suitability of the site, any submissions and the public interests.

The approval of another Government authority may also be required in some cases e.g. Development within 40m of a waterway. In this regard Council must refer a copy of the proposal to the relevant authority and seek its approval. This development is called Integrated Development. Additional plans and fees will be required.

The checklist is intended to ensure that Council has sufficient information to determine the likely impacts of a proposal, including compliance with relevant codes and policies. Such information may include, but is not limited to:-

i) A completed Development Application form;
ii) 4 copies of plans showing:

• Site Plan
• Elevations
• Representative cross sections and long sections
• Floor Plan
• Landscaping Plan
• On sloping sites, a contour plan prepared by surveyor or engineer at 0.5 metres contour intervals.
• Sections
• Site Map

iii) An application fee (based on the total estimated cost of the development);
iv) Written authority of all the owners of the land to which the application relates.

With many Development Applications, reference will be made to Section 94 Contributions. These contributions may be levied for -

• Car Parking - rates vary from area to area e.g. South West Rocks $11790 to Crescent Head $3817 per space.
• Stormwater Contributions - applies to selected areas.
• Rural Roads - this particular plan often creates discussion due to the rates applied on rural properties when development or subdivision takes place.   The contribution rate can be substantial and in some areas up to or more than $20,000.

Other contributions under the Water Supply Authorities Act are levied for Sewerage and Water supplies.

The objective of a Section 94 Plan (payment) is to ensure that the community is not called upon to meet the additional costs and pressures that may be associated with any development. For example, if a development is unable to provide sufficient on-site parking, then a contribution is required so that Council may utilise funds for the provision of public car parks. Income raised from Section 94 contributions may only be used for the purpose for which they were raised. Funds raised for one purpose cannot be channelled to another. There must also be a link (nexus) between the development being levied and the need for the service or amenity for which the levy is required. Council has, particularly in South West Rocks and Crescent Head, provided public carparking facilities in advance of development occurring, and that expenditure can be recouped from the Section 94 plans as they are received.

Development includes the use of land or premises, the change of use of a building, advertising signage, subdivision of land, the erection of a building, the carrying out of a work and the demolition of a building.
If development consent is required under the Environmental Planning and Assessment Act, you need to lodge a Development Application with Kempsey Shire Council.  Contact Council's Customer First Centre on 6566 3200.

A Section 96(1) application is made to correct a minor error, misdescription or miscalculation. A Section 96(2) application is made to modify the consent in other ways, such as design changes or deletion of a condition of consent. The development as modified must be substantially the same development. Application form

Fees are applicable and set by Environmental Planning and Assessment Act.

You will be advised if the application is to be referred to Council and you may, if you wish, make representation to Council.