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Skip Navigation Links Home : : Planning & Building : : Development Applications (DAs) : : Do I Need Development Approval?

Email Link   Do I Need Development Approval?

House as jigsaw puzzle

This page will help you understand whether you need development consent, and which pathway is best for you.

The type of consent of approval you need depends on the scale and potential impacts of your development.

Most developments, subdivisions, building works and major changes in use of a property require Development Application (DA) and Construction Certificate approval.

What is development?

Development is defined under the Environmental Planning and Assessment Act 1979

Local development is the most common type of development in NSW. Projects range from home extensions to medium sized commercial, retail and industrial developments.

A development is considered local development if the Local Environmental Plan (LEP) or State Environmental Planning Policy (SEPP) states that development consent is required before the development can take place.

Development potential depends on site characteristics and any planning controls that apply to the land.

Is your development permitted under Council’s LEP?

To find out if your development needs consent, look at the zoning tables in the Tweed LEP and relevant SEPPs for the area of the proposed development.

Find out the zoning that affects your property:

Developments are classified in one of the following categories:

  • development that does not need consent
  • development that needs consent
  • development that is prohibited

How do I find out about planning controls on my property?

All developments, big or small, must address state government and Council planning controls:

  • NSW Environmental Planning and Assessment Act 1979 (in particular Section 4.15)
  • relevant state and regional plans
  • Tweed LEP

How to find out about planning controls

  • Council’s website – find out about Council's Local Environmental Plans (LEPs), Development Control Plans (DCPs), Section 7.11 (formerly Section 94) Plans, S64 Plans, Voluntary Planning Agreements and other current policies, guidelines and fact sheets..

Plans, policies and controls

  • Planning certificate (Section 10.7) – lists the planning instruments that apply to your land. (If you’ve recently purchased your site, you may have a planning certificate as they form part of the sale of contract.)

Purchase Section 10.7 Planning Certificate

  • Download a property report from the NSW Government ePlanning website - the report is free and provides a simple overview of the key planning controls that apply to a property.

ePlanning Spatial Viewer

Approval for a new dwelling house

A new dwelling house is the term that planners and builders use when describing a new house on one parcel of land.

Before you start, make sure your property is correctly zoned (see above).

Most new dwelling house DAs are determined within 6-8 weeks.

It may be possible to avoid lodging a DA for a new dwelling house. Read the new dwelling house factsheet (PDF) for more information.

Exempt and complying development

  • Exempt development - development that does not require development consent

  • Complying development - development that can be approved through a fast track approval process

Find out more about exempt and complying development

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