Minimum Requirements Table
Council's Community Participation Plan outlines the minimum requirements for notification and exhibition of Development Applications.
When a development application is lodged, we’ll let the community know and put it on display as shown in the table below. If you see an asterisk (*), it means there may be some situations where the development doesn’t need to be notified or displayed.
- These timeframes are counted in calendar days, including weekends.
- The exhibition period does not include 20 December to 10 January. If an exhibition period is due to end on a weekend or public holiday, it will be extended to the next working day.
| Table 1 - Minimum Requirements for Notification and Exhibition | |||||
|---|---|---|---|---|---|
| Type of Application | Notified (* subject to exemptions) | Minimum Exhibition Period | Application exhibited on Council website | Written (postal) notice issued | Signposted notice placed at development site |
| Development Application | * Yes | 14 days | Yes | Yes | No |
Development Application – New or alterations and additions to:
| * Yes | 7 days | Yes | Yes | No |
| Section 4.55(1) Modification of consent (involving minor error, misdescription or miscalculation) | No | - | - | - | - |
| Section 4.55(1A) Modification of consent (involving minimal environmental impact) | No | - | - | - | - |
| Section 4.55(2) Modification of consent (other modifications) | Notified consistent with the original application (if the original application was previously notified) including the notification of any previous submitter. | Consistent with the original application | Yes | Yes | No |
| Application for review of a determination (under Division 8.2 of the Act) | * Notified consistent with the original application (if the original application was previously notified) including the notification of any previous submitter | Consistent with the original application | Yes | Yes | No |
| Amended application (prior to determination) | * Notified consistent with the original application (if the original application was previously notified) including the notification of any previous submitter | Consistent with the original application | Yes | Yes | No |
| Designated Development | Yes | 28 Days | Yes | Yes | Yes |
| Nominated Integrated Development | Yes | 28 days | Yes | Yes | No |
| Threatened Species Development | |||||
| Class 1 Aquaculture Development | |||||
| Category 1 Remediation Work DA | |||||
| Council related Development Application | |||||
| Concept Development Application as alternative to a DCP (Section 4.23 of the EP&A Act 1979) | |||||
* Exemptions to notification and exhibition requirements
The following types of applications are exempt from exhibition and notification requirements:
- Exempt and complying development under any State Environmental Planning Policy (SEPP) or under Schedules 2 and 3 of the Wagga Wagga Local Environmental Plan 2010. Note – this does not exempt the proponent from undertaking any required notification procedures that they may be responsible for under any policy or under the provisions of a Complying Development Certificate.
- Application for review of a determination (under Division 8.2 of the Act) where there has been no amendment to the original application, or an amendment is proposed and the assessing officer determines that the amendment is not likely to result in additional environmental impact. Despite this exemption, any previous submitter will still be notified.
- Amended application (prior to determination) where the assessing officer determines that the amendment proposed is not likely to result in additional environmental impact.
- Internal alterations to buildings which do not alter the height, external configuration or siting of the previously approved development. This exemption does not apply to heritage items.
- Change of use within the E2 Commercial Centre to a business premises, office premises, shop, kiosk or public administration building.
- Applications for the strata subdivision or community title subdivision of existing dual occupancies, multi dwelling housing or residential flat buildings, or those for which development consent has been previously granted.
- Applications for subdivision for the adjustment of boundaries not resulting in the creation of an additional allotment.
- Single storey residential dwellings, alterations and additions to dwellings and residential outbuildings on residential or rural zoned land that comply with the controls of the DCP 2010. This exemption does not apply to heritage items and buildings located within heritage conservation areas.
- Farm buildings on rural zoned land where the building is located at least 50m from a boundary with a public road and 10m from any other boundary. This exemption does not apply to properties that contain heritage items.
- Demolition of any building or structure. This exemption does not apply to heritage items and buildings located within heritage conservation areas.
- Minor temporary events and structures (as determined by Council Assessment Officers).
- Minor signage (as determined by Council Assessment Officers).
- Any Development Application, that in the opinion of the assessing officer is unlikely to result on any significant impacts on adjoining properties.
Despite these exemptions, following an inspection of the site and surrounds, and consideration of the proposed development, the assessing officer, at their discretion, may notify the property owner and occupant of adjoining land or any other land.
Timeframe notes and explanations
Table 1 includes the minimum exhibition timeframe requirements, unless stated otherwise in the Community Participation Plan. Timeframes are in calendar days and include weekends.
The period between 20 December and 10 January (inclusive) is excluded from the calculation of a period of public exhibition (as per Schedule 1 of the Environmental Planning and Assessment Act 1979).
If the exhibition period is due to close on a weekend or a public holiday, the period will be extended to finish on the first available working day.
For major development applications that may have a significant impact or be of particular community interest, exhibition timeframes may be extended at the discretion of the assessing officer.
Our responsibility to notify will be discharged upon posting the notification letter with Australia Post. We are unable to account for delays or failures in letters being received that may result from Australia Post services. To account for the postal service, the exhibition period will commence no earlier than two business days after the notification is posted.
On request from a potential submitter, the assessing officer may extend the timeframe during which the individual submitter may make their submission. Such extensions will be at the assessing officer’s discretion and will only be considered where appropriate justification can be provided.
Submissions received through an agreed extension will be considered in the assessment but will not contribute to the submission count that may trigger referral to a Council meeting under the DCP.