Development Stage 2 - Lodgement

The fee for processing your development application is based on the type of works proposed, and may also involve the estimated cost of any building works.

Additional fees may also be required for:

• the advertising and/or notification of persons who may be affected by your proposal;
• if your application is integrated development;
• if you choose to lodge a combined development application/construction certificate; and
• if you are seeking other accompanying Council approvals, such as Section 138 of the Roads Act (driveway, road openings) and Section 68 of the Local Government Act (sewerage, water, stormwater permits).

Please refer to our Planning, Development and Building Application Fees Document (81kb) to view the current range of fees for all the main development, subdivision and construction certificate lodgement fees.

You may also wish to work out the total fee payable for your development application by accessing our
DA Fee Calculator.

The Calculator is a ready reckoner for the payable fees. It is strongly suggested that you check with Council staff prior to lodging your DA, to confirm that you will be paying the right fee. You can do this by ringing Council staff on 02 6670 2400 or 1300 292 872, or send an email to records@tweed.nsw.gov.au requesting a "Development Application Fee Calculation". You must tell us what type of work is proposed and the cost of the proposed development.

Clause 255 of the Environmental Planning and Assessment Regulation 2000 identifies how a fee based on ‘estimated cost’ is determined. The Council will accept the applicants’ genuine estimate of the completed cost unless it is significantly understated. If that is the case Council will make a genuine estimate of the completed costs associated with the construction and preparation of the building for its purpose including plant, fixtures and equipment and/or the construction costs of carrying out of a work, cost of BASIX and/or Bushfire prone land compliance and/or the demolition cost of a building or work, as it applies to the application.

Special Note for Part 3A Major Projects and Part 4 Joint Regional Planning Panel Applications

A new definition of ‘capital investment value’ (CIV) has been included in the Environmental Planning and Assessment Regulation 2000 (the Regulation) to provide greater certainty as to what items should be included and excluded when calculating the CIV for a project.

From 7 May 2010, this definition is to be used when considering whether Schedule 1 of the State Environmental Planning Policy (Major Development) 2005 (MD SEPP) identifies a proposal as a project to which Part 3A of the Environmental Planning and Assessment Act 1979 (EP&A Act) applies or if it is an application to be determined by a Joint Regional Planning Panel (Regional Panel). The definition is also to be used to determine the fees payable for an application under Part 3A of the EP&A Act. It is also relevant to certain other types of development and actions covered by SEPPs that reference the term. However it does not apply for the purpose of calculating an application fee for a Part 4 development application, which continues to use ‘cost of works’ (see Clause 246 of the Regulation). On 7 May 2010, the State Environmental Planning Policy Amendment (Capital Investment Value) 2010 (the CIV SEPP) amended several State Environmental Planning Policies (SEPPs) to ensure the definition of CIV is consistent throughout the NSW planning system.

The amended definition is included in clause 3 of the Regulation, as follows:

Capital investment value of a development or project includes all costs necessary to establish and operate the project, including the design and construction of buildings, structures, associated infrastructure and fixed or mobile plant and equipment, other than the following costs:

1. amounts payable, or the cost of land dedicated or any other benefit provided, under a condition imposed under Division 6 or 6A of Part 4 of the Environmental Planning and Assessment Act or a planning agreement under that Division
2. costs relating to any part of the development or project that is the subject of a separate development consent or project approval
3. land costs (including any costs of marketing and selling land)
4. GST (as defined by A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth).

The main change to the definition is a clear direction that the following items should be excluded when calculating the CIV for a development:

• Development contributions - it is not appropriate to include development contribution charges in calculating the capital investment value. These charges are considered an external cost that should not contribute to the value of the development or be included for the purpose of calculating the project fees or other developer charges
• Costs relating to any part of the development or project that is, or will be, the subject of a separate development consent or project approval – the capital investment value of the development must only include those works that are subject to the current application, not prior or subsequent applications.

For further information regarding this new definition of “Capital Investment Value” please refer to Planning Circular PS 10-008 on the NSW Department of Planning’s web site www.planning.nsw.gov.au

If you understate the estimated cost of works and your application fees are underpaid the appropriate shortfalls in fees MUST be paid before the application is determined.

Council calculates the cost of works on the estimated ‘market price’ for the completed project. This may not necessarily reflect the actual cost of the development to the applicant, for example, an applicant may source materials free or second hand and use their own labour (owner-builder).

Council uses building cost indicators compiled by professional organisations such as the Australian Institute of Building Surveyors’ (AIBS) Guide to Building Costs.

Building cost estimates for larger developments should be qualified by a registered quantity surveyor.

Please click on the item below for the desired information...

Section 96 Application

If you wish to modify an approved development application, you will need lodge an application under Section 96 of the Environmental Planning Assessment Act, 1979. The lodgement fees for these applications can be confirmed by either visiting Council’s customer service counters at Murwillumbah or Tweed Heads, ringing Council staff on 02 6670 2529, or send an email to records@tweed.nsw.gov.au requesting a "Section 96 Application Fee Calculation".

Download the Section 96 Application Form (82kb).

Request to Review a DA Determination under Section 82A

If your Development Application is refused, you may consider a further request to Council for a Review of Determination under Section 82 of the Environmental Planning and Assessment Act. This request must be in the form of a written submission to Council, outlining the planning grounds to support the review of the DA determination. You must submit your Section 82A Review request to Council within 12 months of the refusal date (or before an appeal against the determination is disposed by the Land and Environment Court.

A Section 82A Review allows the application to be amended, as long as the development remains substantially the same as the original application. Council may need to notify your neighbours and/or advertise the proposed amendments. Fees apply for the request as well as any notification and/or advertising. The lodgement fees for these requests can be confirmed by either visiting Council’s customer service counters at Murwillumbah or Tweed Heads, ringing Council staff on 02 6670 2529, or send an email to records@tweed.nsw.gov.au requesting a "Section 82A Request Fee Calculation".

Separate fees apply for:

• Application for a Construction Certificate
• Application for Compliance Certificate
• Application for Occupancy and Complying Development Certificate

Please refer to our Planning, Development and Building Application Fees Document (81kb) to view the current range of fees for all the main development, subdivision and construction certificate lodgement fees.

As part of it efforts to improve the efficiency of its DA services, it is necessary for Council officers to be strict in determining the quality and completeness of DAs to be submitted. Poor quality applications will be rejected.

Further information can be found by downloading the Quality Control of DAs Fact Sheet (25kb).