Development Stage 6 - Post DA – What’s Next
This section will assist applicants and residents understand a DA consent and the implications of any modification, reconsideration or appeal relating to a consent.
These matters need to be addressed before moving to the Building Section of this web site.
Please click on the headings below to select the desired information...
Once you have received your development consent you need to read the conditions, which will outline what needs to be completed before, during and after construction of your development.
If your approval involves any form of construction works, you will be required to obtain a Construction Certificate (CC) before you commence works. This requirement is mandatory if stated in your development consent. A CC can be approved and issued by either Council or a Private Accredited Certifier. Please view the Building section of this web site for a more detailed outline of the processes required to advance a new development beyond a DA.
A Development Consent has a limited life that must be strictly observed. A consent given by Council will expire if not commenced within five years of the approval date.
It is also important to check if your conditions of development consent require Section 94 developer contributions or Section 64 sewer and water levies.
Sometimes applications are approved with a Deferred Commencement condition/s. A Deferred Commencement Consent has two parts.
Part 1 of a Deferred Commencement consent requires further information to be submitted prior to Council allowing that consent to continue. For example a specific report from an appropriately qualified person is required prior to release of Part 2 of the consent.
When the applicant or owner has the information ready a 'Request for Council to Review Deferred Commencement Documents Form' would be made to Council.
When the information has been checked by Council staff or Consultants to ensure that the document/s are satisfactory a letter is sent to the applicant advising the consent is now operative.
If a consent has a condition that requires a Covenant to be prepared it is suggested that a solicitor prepare the covenant for you.
Once the covenent is prepared, your solicitor will request Council sign a Positive Covenant Document (88B). Council will then return the signed document to your solicitor for registration at the Land Titles Office. This ensures that the information is stored on the title of the land so it will never become lost over time with property exchanges.
The condition of consent may ask the covenant to be in accordance:
- with Council's Standard Onsite Detention Wording
- with the recommendations of the Geotechnical Report - copy the exact recommendation from the geotechnical report submitted with the application
- no separate assessable structure allowed
- or any other reason that may be placed on the consent as part of the assessment process
If you wish to change or delete a condition of development consent, or amend details of your approved plans, you are likely to be required to lodge an application under Section 96 of the Environmental Planning and Assessment Act 1979.
To qualify as a modification under Section 96, the development must be substantially the same as that which was granted the original consent. You are encouraged to Contact Council staff, preferably the assessment officer of the original application, to discuss your proposed modification prior to lodgement.
Most modifications are likely to require some form of re-notification of adjoining and affected property owners and residents, and re-advertisement in The Tweed Link.
To lodge a Modification of Consent, you must complete an application form and provide accompanying written and plan information. Fees will be applied for both the application, as well as any notification and/or advertising.
Please make an appointment with the Quality Development Applications Officer before lodging the application.
If you have already obtained your Construction Certificate (CC) and you are seeking a Modification of Consent, you will also have to modify your CC. For more information on these processes, please contact either Council or the Private Certifier that issued your original CC.
If you have already commenced works and decide to make changes, you must firstly notify your Principal Certifying Authority (PCA).
It is unlawful to undertake works that are different to your development consent, and you run the risk of a variety of enforcement actions, including fines, notices to stop work, and possible legal action.
 Download the Section 96 Application Form (111kb).
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".
Should an applicant be dissatisfied with Councils' determination of an application or the application is not determined by Council within the statutory time frame they can lodge an Appeal to the Land and Environment Court which will then determine the application. The applicant has 12 months from the date of determination to lodge an appeal to the Land and Environment Court.
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