Building & Development

Do I need approval to build?

All development, unless it is complying or exempt development, (see Types of Development) requires the submission of a development application and the consent of Council, subject to the relevant legislation.

Exemptions apply in some instances for structures that meet specific guidelines. It is necessary to refer to Schedule 2 of Coffs Harbour's Local Environmental Plan 2000 to check against the relevant provisions.

Applications that require development consent will generally also require issue of a construction certificate prior the to commencement of building or subdivision works.

Development consent can only be issued by Council. The issuing of construction certificates and the undertaking of building inspections may be carried out by Council as well as accredited certifiers.

Who do I speak to in regard to applications for building, development, possible subdivision and land use proposals?

Council's Building Surveyors are available to take general enquiries between 8.30 am and 10.00 am each day or at other times by making an appointment. They are able to provide advice in relation to development involving houses, dual occupancies, house additions and extensions, shop fit outs as well as queries regarding construction certificates.

Development Planners are available to take general enquiries between 8.30 am and 12.00 noon each day or at other times by making an appointment. They are able to provide advice in relation to development involving townhouses and flats, shops, commercial operations and industry, as well as subdivision.

Appointments can be made by ringing Council on (02) 6648 4000 during the times listed above.

How much will it cost to lodge my application?

The fees for development applications are based on the value of the work, so you will need to contact Council's Customer Services Branch on (02) 6648 4000 for a quote.

What are the steps involved in the application process?

Research	Read Coffs Harbour's Local Environmental Plan 2000 to determine whether the development is permitted. Read relevant Development Control Plans and Information Sheets to ensure development meets design standards.
Pre-Application Consultation	Read the notes for completing a development application. If necessary, discuss your proposal with the development planner or building surveyor; arrange a meeting with the Technical Liaison Committee if appropriate.
Preparation and Lodgment of Application and Initial Administration	Complete all required forms and checklists. Include owners consent and all required fees. Ensure all required information is included e.g. Statement of Environmental Effects and three sets of plans. See the notes for completing a development application. Lodge with customer service, or by mail. Council reviews the information provided, advises you of any additional information required.
Referrals and Notifications	Adjoining owners notified if required, newspaper notice if required. External referrals, e.g. Department of Land and Water Conservation, Roads and Traffic Authority. Internal referrals, e.g. engineering, environmental health. Submissions from public and internal/external referrals received.
Assessment	Site inspection, planning assessment. Liaison with applicant if required.
Determination	Decision by Council officer under delegation, or by Councillors at a formal meeting, in which case you may address the meeting if you wish. Formal notices to applicant and people who make submissions.
Development	Construction certificate before work commences, issued either by Council or private certifier. Inspections during construction. Final inspection, all conditions satisfied. Occupation certificate issued.

Now that I have lodged my application, how long will it take?

The time taken to determine a development application will be affected by a number of factors, including:

Whether you have researched and designed your development to council's standards.
Whether you have submitted sufficient information, and the quality and professionalism of that information, to enable Council to meet its legal obligations to assess your application.
The response to your application from your neighbours and the wider community.
Whether Council considers there is a need for you to vary your proposal to meet planning requirements or community concerns.
Responses from government agencies involved in assessing your application.
The resources available to process your application.
Whether your application can be determined entirely under delegation, or whether it needs to be reported to a Council meeting.

Who determines my application?

Council staff determines more than 95 per cent of development applications. The remaining applications are reported to Council for determination.

Will my application be reported to Council for determination?

This depends on the level of delegation given to Council staff, whether objections have been received, whether the application is outside Council controls and whether Councillors wish to consider a development proposal. Development with a project cost of more than $1 million are reported to Council for determination.

How often does Council meet to consider development applications?

Development applications are reported to Council's Land Use, Health & Development Committee meeting. This Committee meets on the first Thursday of each month.

Will my application be advertised or notified?

Council advertises and notifies development proposals that may be contentious or that are likely to affect the amenity of neighbouring or nearby properties. Staff reference Council's Notification Development Control Plan as a guide to the notification or advertising of applications. Some development proposals, such as designated development, are required by law to be notified and advertised.

Do I need to take out any insurance?

Residential building work, which is to be carried out by a licensed builder and is valued at over $12,000 will need to be covered by Builders Warranty Insurance.

For residential works over $5,000 carried out by an owner builder, an Owner Builder Permit is required to be obtained from the Department of Fair Trading. A copy of this permit must be supplied to Council or an accredited Certifier before the construction certificate is released.

If the value of the building work exceeds $25,000 you will also need to pay the Long Service Levy which is 0.35% of the total cost of the work. Council collects the Long Service Levy on behalf of the State Government.

Where can I obtain information about fibro and asbestos?

The NSW Government has developed some practical information specifically for renovators and homeowners working with fibro and asbestos.

The brochure, Fibro & Asbestos: A Renovator and Homeowner's Guide, contains a safety checklist, guidance on safe disposal of fibro and some general tips about what to do if fibro is damaged. It also contains a list of contacts and some useful websites for more information.

In addition to the brochure, there is more detailed information in the Fibro & Asbestos Frequently Asked Questions. Both the brochure and the FAQs are now available on the NSW Government website.

PDF: Fibro & Asbestos: A Renovator and Homeowner's Guide (129KB)

Can I start work before I get approval? How long does the approval last?

If the work you propose needs development consent from Council, you cannot commence work until Development Consent and Construction Certificate has been obtained. It is an offence under the Environmental Planning and Assessment Act to do so.

Works approved in the development consent must be commenced within a period of five years from the date shown as the commencement date. The lapse date is also shown on the consent. If you modify your Development Consent, the commencement and lapse dates do not change from those shown on the original consent.

Has a final inspection been done on my house? How do I get a garbage bin?

If a final inspection has been carried out, and occupation has been granted, a garbage bin should be organised by the inspector authorising occupation.
In the instance where a final inspection has been carried out, occupation has been granted and no garbage bin has been issued, contact Council's building section.
If no final inspection has been carried out and the owners are occupying the building, then a final inspection needs to be organised and occupation granted prior to Council issuing a garbage bin.

How do I get my neighbour's contact details so that I can put in a new fence?

If you are unable or uncomfortable about approaching your neighbour direct, you can fill out a Property Owner Details Application Form to obtain the information from Council.

Can Council assist me with a domestic fencing matter?

Council does not get involved with domestic fencing issues. Dividing fences are controlled by the Dividing Fences Act 1991 administered by the Local Land Board. This Act regulates how the cost of a dividing fence is shared between neighbours when it is renewed or repaired.

For all dividing fence matters you should contact the Local Lands Board at:

76 Victoria Street
(Locked Bag 10)
GRAFTON NSW 2460
Ph (02) 6640 2046.

You can also contact the Local Court at Coffs Harbour on (02) 6651 9025.