Do I need approval?

A: A Section 10.7 Planning certificate gives you information about the potential for development on a parcel of land. Usually, this certificate is required on the sale or purchase of a property.

This certificate outlines controls, restrictions and requirements that the City is aware of which may impact how a property is used.

There are two types of Section 10.7 Planning Certificates:

Section 10.7(2) Certificates provide the following information:

• Land use zoning of the property,
• Relevant state, regional and local planning controls,
• Property constraints such as land contamination, flood prone land and bushfire prone land, and
• Relevant contributions plans.

A Section 10.7(5) Certificate provides additional information such as:

• Coastal processes,
• Native vegetation and significant trees,
• More detailed flood information (including flood levels if available),
• Private land conservation agreements, and
• Relevant policies.

10.7 Planning Certificates can be obtained by filling out a ‘Request for Certificates Form’ on the City of Coffs Harbour’s website.

A: Zoning determines how land can be used (for example, for housing, industry, or recreation).

To determine the zoning of a property, you can either:

• Obtain a 10.7 Planning Certificate (see FAQ ‘What is a Section 10.7 Planning certificate and how do I order one?’), or
• If you own the land, check your rates notice, or
• Use the City’s Online Mapping Tool.

A: The land use zoning of a property determines what types of development or land uses can or cannot be undertaken and what planning rules apply.

Land use zoning and planning rules are contained within Coffs Harbour Local Environmental Plan 2013 (Plan) and Coffs Harbour Development Control Plan 2015, which are the City’s principal planning instruments.

The Plan contains Land Use Tables that determine the types of development or land uses that can or cannot be undertaken in each land use zone.

Land uses are divided into three categories:

• Permitted without consent - can be carried out without requiring approval from the City. Note: some of these developments (or activities) may still need a licence, permit or other approval from a public authority and may need to undergo an environmental assessment before approval can be given. Please see the NSW Government’s website for information on development without consent. For further questions, please phone the City’s duty planner.

• Permitted with consent – can be undertaken subject to obtaining approval by submitting a development application with the consent authority, which in most cases is the Council of the City of Coffs Harbour. For further information on development permitted with consent, please see the NSW Government’s website.

• Prohibited – cannot be carried out or established under any circumstances.

If you are unsure about the meaning of a particular land use or development, you can find the definition in the Dictionary of the Plan.

Sometimes state policies can override the City’s local planning rules and permit or prohibit certain land uses/development types. For example, State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 allows specific types of low impact development to be undertaken without approval (i.e. exempt development). You can find more information about this under ‘What type of development can be undertaken on my property without approval?’

A: A subdivision involves dividing an existing parcel of land into two or more lots.

Torrens Title Subdivision involves division of land into separate lots where the owner has complete autonomy over the titles and ownership of the land.

Strata Title Subdivision involves horizontal and vertical division of a property into separate units, villas or apartments, where the title holders share ownership over the land and common areas.

Stratum Title Subdivision involves division of a property into separate lots where each lot owner holds shares in a service company that owns and manages the common areas.

Community Title Subdivision involves division of land and its (usually several) properties where lot boundaries are defined by land size and title holders share ownership of common infrastructure and services, such as recreational land. Community Titles are mostly used for gated estates like country clubs and are represented by a Community Association that is made up of all the lot owners.

To determine whether you can subdivide your land, you need to work out what subdivision rules apply. These rules are contained in Coffs Harbour Local Environmental Plan 2013 (Plan) and Coffs Harbour Development Control Plan (DCP) 2015, which are the City’s principal planning instruments.

The following steps can assist you in determining if you can subdivide a particular parcel of land, however in some instances, you may need to engage a suitably qualified planning consultant to assist you and quantify the level and extent of any constraints on the land that may prevent subdivision:

1. Determine the zoning of the property (refer to FAQ ‘What is the zoning of my land?’).
2. Determine if there are any land-based constraints by obtaining a 10.7(2) Planning Certificate (see FAQ ‘What is a Section 10.7 Planning certificate and how do I obtain one?’) or for quick informal enquiries you can use the City’s Online Mapping Tool.
3. Determine the smallest size of any lot resulting from the subdivision (i.e. minimum lot size) or the required minimum density of development on any lot resulting from the subdivision.

Torrens Title Subdivision

• The minimum lot size for Torrens Title Subdivision is prescribed by Clause 4.1 of the Plan and the associated Lot Size Map.

Community Title and Strata Title Subdivision

• The minimum lot size for Community Title Subdivision within Zone RU2 Rural Landscape, R5 Large Lot Residential, C2 Environmental Conservation and C3 Environmental Management is prescribed by Clause 4.1AA of the Plan and the associated Lot Size Map. For more information please see the fact sheet below.
  
  
• There is no minimum lot size for Community Title Subdivision or Strata Title Subdivision on land in the zones not mentioned above. Density requirements apply within Part D - Built Form Controls of Coffs Harbour DCP 2015.
  
  
• The minimum lot size for Strata Title Subdivision on land within Zone RU2 Rural Landscape, R5 Large Lot Residential, C2 Environmental Conservation and C3 Environmental Management for residential accommodation or tourist and visitor accommodation is prescribed by Clause 4.2C of the Plan.

Split Zone Land Subdivision

Some land within the Coffs Harbour Local Government Area is within more than one land use zone (i.e. rural and conservation or residential and commercial/industrial).

• The minimum lot size requirements and other planning rules for split zoned land is prescribed by Clause 4.1A of the Plan.

Rural Subdivision

• Land within Zone RU2 Rural Landscape and RU3 Forestry can be subdivided to create a lot less than the minimum lot size shown on the Lot Size Map if it is to create a lot for the purposes of primary production (refer to Clause 4.2 Rural Subdivision of the Plan).
  Note: a dwelling cannot be located or erected on the resulting lot created under this clause.

• Land within Zone RU2 Rural Landscape can be subdivided to create lots of an appropriate size to meet the needs of current permissible uses other than for the purpose of dwelling houses or dual occupancies (refer to Clause 4.2A Exceptions to minimum subdivision lot sizes for certain rural subdivisions of the Plan).

There are some instances where the subdivision of land may not require approval, such as widening a public road, rectifying an encroachment on a lot, creating a public reserve, and exercising land from a lot for public purposes, including drainage purposes. Refer to Subdivision 38 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

A: The application fees for the subdivision of land are prescribed in the City’s Fees and Charges. Other fees associated with the subdivision of land can include but are not limited to developer contributions and any costs associated with survey plans, the provision of services and infrastructure to the land, legal costs for easements or restrictions on use, any required planning reports or studies, and plan registration with NSW Land Registry Services.

A: Approval can be obtained from the City to subdivide land by adjusting the boundary between adjoining lots if one or more lots do not meet the minimum lot size shown on the Lot Size Map, provided that the City is satisfied that the proposal meets the provisions of Clause 4.2D of Coffs Harbour Local Environmental Plan 2013:

• the subdivision will not create additional lots or the opportunity for additional dwellings, and
•  the number of dwellings or opportunities for dwellings on each lot after the subdivision will be the same as before the subdivision, and
•  the potential for land use conflict will not be increased as a result of the subdivision, and
• if the land is in Zone RU2 Rural Landscape, the agricultural viability of the land will not be adversely affected as a result of the subdivision, and
• the subdivision will not compromise the continued protection and long-term maintenance of any land in Zone C2 Environmental Conservation or Zone C3 Environmental Management.

There are some instances where minor realignments of boundaries do not require approval - refer to Subdivision 38 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

A: Consolidation of land is not considered to be development and, therefore, does not require approval from the City. Please visit NSW Land Registry Services for more information.

A: To construct a dwelling on a property within a rural or conservation land use zone (RU2 Rural Landscape, RU3 Forestry, C2 Environmental Conservation, C3 Environmental Management) the property needs to be at least the minimum lot size (40ha) shown on the Lot Size Map under Coffs Harbour Local Environmental Plan 2013 (Plan).

To determine the land use zone of your property, refer to the FAQ ‘What is the zoning of my land’. To search the Lot Size Map under the Plan refer to the City’s Online Mapping Tool.

If the area of the property is below the minimum lot size, you need to determine if a dwelling is permissible on the land. This can be done by completing the ‘Permissibility of Dwelling Enquiry’ form on the City’s website.

A Permissibility of Dwelling Enquiry provides advice on whether a dwelling is permissible on the property in accordance with the local planning controls under the Plan.

The advice is determined based on the records that the City holds. Please note that the City does not always hold the records to provide the advice.

There is a fee associated with the request that can be found in the City’s Fees and Charges.

A: To determine whether you can operate a home business, you need to confirm the land use zone of your property. If you are unsure of what the zoning of your property is, please view the ‘What is the zoning of my land’ FAQ.

Operating a home business, a home industry or a home occupation can be undertaken without any approval if it meets the criteria within Subdivision 22 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. Under this policy, home businesses, home industries and home occupations can be undertaken without approval in any land use zone provided that:

• They do not include the manufacture of food products or skin penetration procedures (i.e. waxing, tattooing, acupuncture);

• They meet the ‘definition’ for either a home business, home industry or home occupation; and

• That they do not exceed the maximum floor area allowed under Coffs Harbour Local Environmental Plan 2013 (Plan) (40m2 for home businesses; 50m2 for home industries; and no maximum area for home occupations).

Note: You need to check the dictionary within the Plan to ensure that your proposal meets the definition for either home business, home industries or home occupations. The definition requires that there is no impact on the amenity of the neighbourhood (i.e. noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, wastewater, waste products, grit or oil, traffic generation or otherwise).

If the proposal does not meet the criteria above, approval is required from the City via the development application pathway.

Further information on these types of businesses and development application requirements can be found on the City’s website via this link.

A: Approval may be required from the City for the removal of native vegetation from land to which State Environmental Planning Policy (Biodiversity and Conservation) 2021 applies.

You do not need approval to remove vegetation that is not native to the north coast of NSW.

To determine whether you need approval to remove vegetation from your property, you must:

1. Determine the land use zone of the property (see ‘What is the zoning of my land?’)
2. Determine if there are any land based constraints (see ‘Does my property contain any land based constraints that may limit development?')
3.  Open the Vegetation Removal Fact Sheet flowchart to determine whether you must seek approval to remove vegetation from your property

Please check the 'removing native vegetation' page on the City’s website.

To remove native vegetation on land zoned RU2 Rural Landscape, please phone Local Land Services as the clearing of native vegetation is subject to the provisions of the Local Land Services Act 2013. 

A: In NSW, some types of minor building works or development doesn’t need any planning or building approval. This is called ‘exempt development’. Exempt development is very low impact development that can be done for certain residential, commercial and industrial properties.

A few examples of exempt development are decks, garden sheds, carports, fences, repairing a window or painting a house if they meet the criteria within State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

For more information on exempt development, please see the NSW Government Understanding Exempt development Fact Sheet.

A:To determine whether your property is affected by any land constraints that may limit development opportunities, it is best to obtain a 10.7 Planning Certificate (please see FAQ ‘What is a Section 10.7 Planning certificate and how do I order one?’).

For a quick enquiry, you can use the City’s Online Mapping Tool to identify the presence of any land based constraints on the land. The impact of land-based constraints on the use of the land depends upon the corresponding planning rules, the type of proposed development, and the location of the proposed development.

To determine what each land based constraint means for development on your land, you must view the corresponding planning rules within Coffs Harbour Local Environmental Plan 2013 and Coffs Harbour Development Control Plan 2015, which are the City’s principal planning instruments. In some instances, depending on the land based constraints, there may be associated planning rules within a State Environmental Planning Policy. It may also be necessary for you to engage the services of a planning consultant, as environmental studies and investigations may be required to validate the presence of a land based constraint and determine the location and extent of such constraint.

A: To determine what planning rules may apply to undertaking development on your land you must first determine the zoning for the land (see ‘What is the zoning of my land?’) and establish what type of development you want to undertake on your property (see ‘What development can be undertaken on my property?’).

The City’s planning rules for development are contained within Coffs Harbour Local Environmental Plan 2013 (Plan) and Coffs Harbour Development Control Plan (DCP) 2015, which are the City’s principal planning instruments.

The Plan establishes when approval is required for development and contains Principal Development Standards that must be met to obtain approval. Coffs Harbour DCP 2015 sets out detailed planning controls for development to support the local environmental plan.

In some instances, there may be associated planning rules within a State Environmental Planning Policy. Due to the complexity of the planning rules, it is advised to engage the services of a planning consultant to assist you depending on the complexity of your proposal.

A: Approval is not required to change the use of a premises if the development standards under Part 2 Subdivision 10A of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) can be met.

Some examples of where approval is not required for a change of use include: a Business Premises (bank) to another type of Business Premises (post office), a Shop (clothes shop) to another type of Shop (gift shop); and an Office Premises (Solicitor) to another type of Office Premises (Accountant).

The original use of the premises must be lawful and the new use must not include a food and drink premises, funeral chapel or funeral home, retail premises where firearms are sold, landscaping material supplies, a market, premises that are a beauty salon or hair dressing salon, premises where a skin penetration procedure is carried out, restricted premises, a roadside stall, sex services premises, and vehicle sales or hire premises.

The new use must also not involve building alterations, other than alterations that are exempt development or result in an increase in the gross floor area of any building within which it is carried out. The carrying out of a home business must not involve the use of more than 40 square metres of floor area and the carrying out of a home industry must not involve the use of more than 50 square metres of floor area.

If the change of use is not classed as ‘exempt development’, you will need to obtain planning approval either with a complying development certificate through the City or a private certifier or through a development application with the City. In most cases, change of use applications can be fast-tracked as complying development under Codes SEPP provided that all of the development standards are met. Further information can be found in the NSW Government’s Complying Development for Business and Industry: A Pocket Guide.

A: Mobile trailers for the purpose of advertising are considered as advertising structures, and the City does not support their placement on public land. Compliance action will be undertaken for unauthorised structures.

A: A development consent in New South Wales generally lapses five years after the date it begins to operate, unless the council specifies a different period or physical commencement has occurred. The lapse date is printed on the consent.

A consent does not lapse if physical commencement of the related building, engineering, or construction work occurs on the land before the consent would otherwise have lapsed. However, what constitutes physical commencement is a question of fact and degree in each case. Work can only be considered physical commencement if it is lawfully conducted, meaning all applicable conditions on the development consent must be met.

Some works are not considered physical commencement, including creating a bore hole for soil testing, removing water or soil for testing, acoustic testing, removing vegetation, and marking the ground.

If your development consent has lapsed and you cannot demonstrate physical commencement, you will need to lodge a new development application and seek development consent.

A: The City does not prohibit the keeping of horses within the Coffs Harbour Local Government Area. Section 21 of the Local Government (General) Regulation 2021 includes requirements in relation to the keeping of horses as follows:

• Horses must not be kept within 9 metres of a dwelling, school, shop, office, factory, workshop, church or other place of public worship, public hall or premises used for the manufacture, preparation or storage of food,
• The floors of stables must be paved with concrete or mineral asphalt or equally impervious material and must be properly graded to drain, and
• Horse yards must be so enclosed as to prevent the escape of horses.
• Only if the City issues an order under section 124 of the Local Government Act 1993 do these requirements apply to a person.

Keeping of horses is also regulated by the Prevention of Cruelty to Animals Act 1979. The NSW Government has Guidelines for minimum standards for keeping horses in urban areas: Factsheet 16.

A: Farm stay accommodation can be carried out as ‘exempt development’ (i.e. no approval required) provided that the development standards under Part 2 Subdivision 16E of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) can be met.

If the development standards for exempt development cannot be met, farm stay accommodation can be considered as complying development provided that the development standards under Part 9 Subdivision 4 of the Codes SEPP can be met. Part 13A of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 contains further requirements regarding compliance with fire safety standards for farm stay accommodation.

If your development does not meet the general requirements or development standards for exempt or complying development, you will need to obtain approval (consent) from the City though the development application pathway. Farm stay accommodation is permitted with consent within Zone RU2 Rural Landscape and Zone R5 Large Lot Residential under Coffs Harbour Local Environmental Plan 2013.

Additional information on farm stay accommodation and agritourism can be found on the NSW Government’s website.

A: You can obtain copies of previous approvals for a property by completing the online form ‘Request for Building Plans, Approvals and Development Consents’.

A processing charge of $30 per hour and / or copying charges may apply where access to information:

• involves an extensive use of the City's resources, or
•  relates to development applications received and /or decisions made before 1 July 2010.

You will be advised if additional charges apply to your information request. To view the applicable fees and charges associated with your application, please refer to the City's adopted fees and charges.

A: You can complete an online form on the City’s website called a 'Flood Level Information Request' and pay the applicable fees as identified in the City’s fees and charges.

A: You can view the City’s adopted Koala Plan of Management (KPoM) Part A and Part B on the website and view Koala mapping on the online mapping system in the Planning and Environment module under ‘Koala Habitat’.

A: Bushfire requirements for development are regulated by the Rural Fires Act 1979, the Rural Fires Regulation 2013 and the associated ‘Planning for Bushfire Protection Guidelines’.

The NSW Rural Fire Service website has information regarding development in a bushfire prone area as well as an online tool to determine whether your property is located on bushfire prone land.

For complying development on bushfire prone land, a Bush Fire Attack Level (BAL) Certificate is a legislative requirement and must be obtained from a recognised bushfire consultant.

Please note, complying development cannot occur on land identified as high bush fire risk (BAL 40 or FZ).

A: The City does not provided advice or interpretations of easements that may burden land. For information on easements, it is recommended to obtain a copy of the relevant deposited plan from the NSW Land Registry Services and seek further advice from a conveyancer or solicitor.

When considering purchasing a property, the contract of sale should include a deposited plan.

A: Information regarding setback controls can be found within the City’s Development Control Plan 2015 in Part D - Built Form Controls. Setbacks vary between different land use zones.

A: Coffs Harbour Local Environmental Plan 2013 (Plan) guides planning decisions made by the City of Coffs Harbour. A planning proposal is a request to ‘make’ or amend a Plan. A common type of planning proposal is a rezoning of land. It is advised to engage a planning consultant to determine the feasibility before initiating the planning proposal process.

For information on the LEP amendment process, please see ‘Amending the Local Environmental Plan’ on the City’s website.

A: To operate a bed and breakfast on your property, you must ensure that the land use zone of your property enables you to do so. Please see ‘What is the zoning of my land?’ if you are unsure of what your land use zone is.

In the City of Coffs Harbour, bed and breakfasts are permitted with consent in Zone RU2 Rural Landscape, R2 Low Density Residential, R3 Medium Density Residential, R4 High Density Residential, R5 Large Lot Residential, C2 Environmental Conservation and C3 Environmental Management. Part 5.4(1) of Coffs Harbour Local Environmental Plan 2013 states that the bed and breakfast accommodation provided to guests must consist of no more than 5 bedrooms.

Bed and breakfast accommodation may be considered as complying development provided all criteria is met under Part 4A Division 1 Subdivision 1 under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

If your proposal does not meet the development standards for complying development, you will need to lodge a development application with the City.

A: Short-term rental accommodation means a dwelling used by the host to provide accommodation in the dwelling on a commercial basis for a temporary or short-term period.

A: A granny flat, also known as a secondary dwelling is a self-contained dwelling within, attached or separate to the main house (the principal dwelling).

In Coffs Harbour, it is permitted to build a secondary dwelling in all residential zones except for Zone R4 High Density Residential. 

Note: The State Environmental Planning Policy (Housing) 2021 (Housing SEPP) prohibits secondary dwellings within Zone R4 in Coffs Harbour due to dwelling houses being prohibited within Zone R4 in the Coffs Harbour Local Environmental Plan 2013 (Plan). Part 1 Division 1 of the Housing SEPP states that for a secondary dwelling to be permitted, dwelling houses must be permissible within the residential zoning under the Plan.

An approval for a secondary dwelling can be obtained from the City or an accredited certifier as complying development, provided all the requirements in Housing SEPP are met. Please visit the NSW Planning Portal for information on complying development.

Please note that the property for which a detached secondary dwelling is proposed, needs to be at least 450m².

The total floor area of the secondary dwelling is to be no more than 60m² or 11% of the total floor area of the main house (principal dwelling).

If your proposal does not meet the requirements for complying development, approval is required from the City through the development application pathway. Refer to the City’s website for information on how to lodge a development application.

Please note that secondary dwellings cannot be subdivided from the principal dwelling.

If the property has an existing dual occupancy, then a secondary dwelling is not permitted under Housing SEPP.

A: A dual occupancy involves two dwellings on one lot that are either attached or detached. A dual occupancy is different from a secondary dwelling (otherwise known as a granny flat). The most typical form of dual occupancy is ‘attached’, commonly referred to as a duplex.

A: Building and maintaining fencing and sharing costs is a civil matter between neighbours. The City of Coffs Harbour does not have the jurisdiction to intervene.

We can provide you with a notice to give your neighbour if you are sharing costs with them. We can also post the notice to your neighbour if they live somewhere else and you don’t know their address,

For more information, please visit ‘Fencing’ on the City of Coffs Harbour website.

A: Coffs Harbour Local Environmental Plan 2013 defines the construction of a dam as a ‘water storage facility’.

In the City of Coffs Harbour, water storage facilities are permitted with consent on land zoned RU2 Rural Landscape.

A: In the City of Coffs Harbour, farm buildings are permitted with consent on land zoned RU2 Rural Landscape.

Farm buildings may be considered as exempt development provided all criteria is met under Part 2 Division 1 Subdivision 16 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

If your proposal does not meet the development standards for exempt development, you will need to lodge a development application with the City.

A: Even if your project qualifies as exempt development and doesn’t require formal approval, you must always check what’s underground before you dig. Hitting underground services (like pipes or cables) can be expensive and extremely dangerous - even life-threatening.

To identify what’s below the surface:

• City of Coffs Harbour services (e.g. water, sewer):
  Use our online mapping tool for an indication. To confirm details, contact our Technical Officer Water on (02) 6648 4000.

•  Other services (e.g. telecommunications, electricity): Visit the Dial Before You Dig online service at 1100.com.au.

•  Ground truthing: We also recommend using a qualified pipe and cable locator to physically verify the location of underground services before digging.

If you or your contractor uncover City of Coffs Harbour services:

1. Stop work in that area.
2.  Notify Council immediately.
3.  We will advise you on how to protect the infrastructure and guide you on how to carry out and document any required work according to our standards.

For more information about working near underground infrastructure, please refer to our Construction in the Vicinity of and Protection of Council Underground Assets Policy and Procedure, available on our website here.

A: Yes. If you're building a separate dwelling, such as a granny flat, dual occupancy, or any additional residence on your property, you must apply for a separate water meter for that dwelling. This is a requirement under City of Coffs Harbour Council policies.

To have the City undertake the necessary water or sewer works, you’ll need to submit a Quote Request Form. This allows Council to provide a cost estimate and arrange the installation. The form is available on the City's website under Building and Planning Forms.

In some cases, you may also be able to request a downsizing of the water meter to reduce service charges, but this must comply with relevant standards and should be done with professional advice.

For full details search on our website for:

• Water Meter and Service Installation Policy
•  Quote Request Form for Water/Sewer Works
•  Water Meter Downsizing Policy

Request for Quote for the City to Undertake Water/Sewer Works 

Transcript

Introduction

Hello, my name is Sarah and I am a Planner/ Urban Designer within the Local Planning Team at Coffs Harbour City Council. On this video, I am going to help you find out if you can put a granny flat (also known as a secondary dwelling) on the same block of land as your principle place of residence.

A secondary dwelling, commonly known as a ‘granny flat’ is self-contained accommodation within, attached or separate to the main house (also referred to as the principle dwelling).

Secondary dwellings are permitted by a state policy called State Environmental Planning Policy (Housing) 2021 (‘the Housing SEPP’).

In Coffs Harbour you can build a secondary dwelling in all residential zones except for Zone R4 High Density Residential. This rule applies regardless if there is a lawful dwelling on land within Zone R4.

An approval for a secondary dwelling can be obtained from Council or an accredited certifier as complying development, provided all of the requirements in the Housing SEPP are met.

Accredited certifiers are building and development certifiers that have completed a certification course and registered with NSW Fair Trading. You can find accredited building certifiers by using a common search engine.

If your proposal does not meet the requirements for complying development, approval is required from Council through the development application pathway.

Dwelling houses are prohibited in Zone R4 under Coffs Harbour LEP 2013, hence secondary dwellings cannot be approved on land within Zone R4 under the Housing SEPP.

Step One – Determining the Land Use Zone of Your Property

To determine if you can put a secondary dwelling on your property, first you need to find out what land use zone applies to your property. A land use zone is what the NSW Government uses to classify individual properties and to identify what types of land uses can be carried out in each of the different land use zones.

There are a couple of ways you can work out the land use zone of a property:

1) you can check your rates notice if you own the land; or

2) you can use Council’s Online Mapping Tool. 

To use Council’s online mapping tool, please see our video ‘Determining the Land Use Zone of a Property’.

Step Two – Determining if You Can Build a Secondary Dwelling

The next step is to look at the Housing SEPP to determine if your proposal meets the requirements for either for the complying development pathway or the development application pathway.

To do this, you need to use a search engine (I prefer Google) and type into the search bar NSW Legislation. Click on the NSW Legislation Website prompt which will take you to the NSW legislation page. Click on ‘In force; on the blue banner at the top of the page, then under the heading ‘Environmental Planning Instruments’ click on the letter ‘S’. In the drop down list click on State Environmental Planning Policy (Housing 2021).

If you scroll to the left hand side of the webpage you will see a table of contents for the policy.

Scroll down to Chapter 3 Diverse Housing, Part 1 Secondary Dwellings.

Over on the right hand side of the webpage you will see all of the relevant information relating to secondary dwellings.

The definition of a secondary dwelling is provided and includes alterations and additions to existing secondary dwellings.

PERMISSIBILITY

As mentioned earlier, under the policy, a secondary dwelling can only be approved within the Coffs Harbour Local Government Area within zones R1, R2, R3, and R5. Therefore, secondary dwellings are not permitted on land within Zone R4.

SUBDIVISION

Under the policy, secondary dwellings cannot be subdivided from the main house also known as a principle dwelling.

Once there is a secondary dwelling on the lot, this lot cannot be later subdivided even if the secondary dwelling is not subdivided from the main house.

DEVELOPMENT APPLICATION PATHWAY

Where approval is sought from Council for a Secondary Dwelling through the development application pathway the policy requires that:

• no other dwelling is to exist on the land other than the main house (principle dwelling) and the secondary dwelling (i.e. the final development should only result in the main house and secondary dwelling on the same lot – no other dwellings); and

• the total floor area of the secondary dwelling is to be no more than 60m² or 11% of the total floor area of the main house (principal dwelling).

Under the development application pathway, the secondary dwelling can be detached from the main house, provided that the property is at least 450m².

Under the development application pathway, the number of parking spaces on the land immediately before the development is carried out must not be reduced. Additional parking is not required for the secondary dwelling.

All other requirements within Council’s Local Environmental Plan and Development Control Plan that relate to secondary dwellings must also be satisfied where approval for a secondary dwelling is sought through the development application pathway.

To determine the relevant controls, go to Council’s homepage. Click on Building and Planning, then Planning Controls and Guidelines, then click on either Coffs Harbour Local Environmental Plan 2013 or Coffs Harbour Development Control Plan 215.  Some proposals may be complex and assistance from a qualified consultant may be necessary.

COMPLYING DEVELOPMENT PATHWAY

Clauses 54 to 58 of the Housing SEPP apply to secondary dwellings where approval is sought through the complying development pathway. This approval pathway has a shorter assessment period and can be undertaken by either an accredited certifier or Council. This pathway can be complex due to the upfront requirements that need to be met. It is recommended that a qualified consultant and/or accredited certifier is engaged to assist you on this approval pathway.

A summary of the requirements that must be met for the complying development pathway includes the following:

• The proposal must be on land within zone R1, R2 or R3 (i.e. not on land within Zone R5 Large Lot Residential) – approval on land within R5 must be via the development application pathway.
• The proposal must satisfy the general requirements in a State Policy Called State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, otherwise known as the ‘Code SEPP’ which includes matters such as critical habitat, wilderness areas and heritage items.
• The proposal must not include land that is constrained such as:
  • land within a heritage conservation area,
  • land reserved for a public purpose,
  • land containing potential acid sulfate soils,
  • contaminated land,
  • land subject to a biobanking agreement or private land conservation agreement,
  • riparian land,
  • ecologically sensitive areas,
  • environmentally sensitive land,
  • protected areas,
  • land impacted by coastal hazard or erosion,
  • land in a foreshore area,
  • land impacted by certain flightpaths,
  • special areas, and
  • certain unsewered land within a drinking water catchment.

Determining if any of the above constraints are on your property is best done by obtaining a Planning Certificate, which can be done by completing an online form on Council’s website called a ‘Request for Certificates Form’.

For the purpose of a quick enquiry Council’s online mapping tool includes a lot of information in relation to land based constraints and environmental values.

The property for which the secondary dwelling is proposed, needs to be at least 450m².

The proposal must meet the requirements within Schedule 1 of the Housing SEPP.

• Site Requirements
• Building heights and setbacks
• Landscaping
• Earthworks and Drainage

Where the secondary dwelling is proposed within the main house, the following additional requirements also apply:

• The proposal must meet the relevant provisions of the Building Code of Australia;
• The proposal must not be on land that is an environmentally sensitive area;
• The proposal must not be on land that has a heritage item or draft heritage item;
• The proposal must not involve external alterations to the main house other than a new entrance;
• The proposal must not result in a dwelling on the land, other than the main house (principle dwelling) and secondary dwelling; and
• The proposal must not result in the floor area of the secondary dwelling being more than 60m² or more than 11% of the total floor area of the main house (principal dwelling).

Additional requirements apply for where the main house (principle dwelling) and secondary dwelling are being constructed at the same time.

If the land is bushfire prone, there are certain situations where the complying development pathway cannot be utilised due to bushfire hazard. If the requirements under this clause cannot be met, the development application pathway must be utilised.

If the land is impacted by flooding, complying development cannot be carried out in a flood storage area, a floodway area, a flow path, a high hazard area, or a high risk area. There are also a number of other requirements that must be met in relation to flood hazard for the complying development pathway to be utilised, otherwise the development application pathway must be utilised.