Possible changes requiring early consultation with neighbours when seeking development consent – is it time to lodge a DA now?

It has been reported by the Sydney Morning Herald (SMH) that possible changes may be made to the NSW planning system such that “[h]ome owners and developers could be forced to consult neighbours on plans before lodging them with a Council”.

Mr Rob Stokes, the NSW Planning Minister, is reported in the SMH to state that Government “want to remove the element of surprise from planning” as “[t]hat’s when people get upset”.

The new process could require development consent applicants to provide details of their consultation with their neighbours in their development application (DA) to Council. This may be in the form of the provision of final plans in the mail or details of discussions between neighbours.

Currently, Pre-DA meetings are required to occur between Council and the applicant. The purpose of this meeting is to assist the applicant in deciding on the appropriate planning pathway so that they prepare an application that is more likely to be accepted by Council the first time. This reduces the likelihood that the applicant will be sent back to the drawing board because relevant assessments or design requirements were not included.

G&B Lawyers specialise in all aspects of obtaining development consent and managing project consultants.

Wider reforms of the planning system are in the works. It is expected that a draft bill will be out for public consultation in the second half of this year.

Now may be the time to consider any development plans before new legislation is implemented.

For assistance, contact Kim Glassborow, Partner at G&B Lawyers on 0481 287 528 or by email at kglassborow@gandblawyers.com.au.

Link to SMH article: http://www.smh.com.au/nsw/ask-the-neighbours-first-new-da-process-for-nsw-considered-by-rob-stokes-20160505-gomxyc.html