Home renovations - do I need approval?

You do not need planning or construction approval for some minor renovations and low-impact works (exempt development) if your project meets specific development standards.

The standards you must comply with for most exempt development works are in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the State Policy).

• NSW Legislation - General requirements for exempt development

Complying development is a fast-track approval process for straightforward residential, commercial and industrial development.

For this reason, ‘sign off’ by a building professional (known as a certifying authority) is needed. Provided the proposal fully meets specific development standards, it can be determined by Council or a registered certifier without the need for a full development application.

Complying development is also subject to conditions of approval to protect surrounding uses during the construction period and the life of the complying development.

• NSW Legislation - General requirements for complying development

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

Find out the zoning that affects your property using Council's online mapping tool.

• Download a property report from the ePlanning Spatial Viewer
• Purchase a Section 10.7 Planning Certificate

An eco-tourist facility is a building or place that:

• provides temporary or short-term accommodation to visitors on a commercial basis
• is located in or adjacent to an area with special ecological or cultural features
• is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.

It may include facilities that are used to provide information or education to visitors and to exhibit or display items.

Do I need approval?

Yes, you will need to lodge a Development Application for an eco-tourist facility.

• NSW Legislation - Eco-tourist facilities

We recommend engaging a suitable professional to help with the requirements for subdivision and preparing your application.

• Developer contributions
• DA Checklist - Commercial and Industrial Development(PDF, 292KB)
• DCP - Site Access and Parking (required parking)(PDF, 850KB)

The NSW Department of Planning, Industry and Environment also has a useful guide to the DA process.

If you're planning to build a new farm building, find out what approval is required before your project commences.

Do I need approval?

You will not need approval if the farm building meets all the relevant standards:

• NSW Legislation - General requirements for exempt development
• NSW Legislation - Subdivision 16 Farm buildings (other than stock holding yards, grain silos and grain bunkers)

If the proposal doesn't qualify as exempt development, you may be able to apply for a Complying Development Certificate or a Development Application.

Do I qualify for a Complying Development Certificate?

A Complying Development Certificate may be issued if the proposal meets all the relevant development standards:

• NSW Legislation - General requirements for complying development
• NSW Legislation - Land on which complying development may not be carried out
• NSW Legislation - Part 3A Rural Housing Code

If your proposal does not meet all of the standards you must lodge a Development Application. 

I need a DA, what do I do next?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application and Construction Certificate.

• DA Checklist - Dual occupancy, secondary dwellings, town house, row houses alteration and additions, sheds, pergolas, swimming pool(PDF, 725KB)

The NSW Department of Planning, Industry and Environment also has a useful guide to the DA process.

Your retaining wall project may or may not require approval. Find out what approval is required before your project commences.

Do I need approval?

You will not need approval if the retaining wall meets all the relevant standards:

• NSW Legislation - General requirements for exempt development
• NSW Legislation - Subdivision 15 Earthworks, retaining walls and structural support

If the proposal doesn't qualify as exempt development, you may be able to apply for a Complying Development Certificate or a Development Application.

Do I qualify for a Complying Development Certificate?

A Complying Development Certificate may be issued for works including earthworks and retaining walls if the proposal meets all the relevant development standards:

• NSW Legislation - General requirements for complying development
• NSW Legislation - Housing Code

If your proposal does not meet all of the standards you must lodge a Development Application. 

I need a DA, what do I do next?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application.

• DA Checklist - Earthworks(PDF, 221KB)

The NSW Department of Planning, Industry and Environment also has a useful guide to the DA process.

As defined by the Tweed LEP 2014, a rural worker's dwelling is a building or place that is additional to a dwelling house on the same lot.

It is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.

Do I need approval?

Yes, you will need to lodge a Development Application for a rural worker's dwelling. Additional requirements for approval are outlined in the Tweed LEP 2014:

• NSW Legislation - 4.2C Erection of rural workers’ dwellings in Zones RU1 and RU2

We recommend engaging a suitable professional to help with the requirements for subdivision and preparing your application.

• Developer contributions
• DA Checklist - Commercial and Industrial Development(PDF, 292KB)
• DCP - Site Access and Parking (required parking)(PDF, 850KB)

The NSW Department of Planning, Industry and Environment also has a useful guide to the DA process.

If you are wanting to build or install a structure in a Tweed caravan park, it’s important to be aware of any approvals or certifications you may need.

The rules regarding what you can build in caravan parks in NSW are very different to those of residential spaces.

Structures in caravan parks include such things as:

• carports
• rigid annexes
• garden sheds
• pergolas
• ·verandahs
• tropical rooves

The law governing caravan parks in NSW is the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 (the ‘Regulation’).

Approvals and certifications

Any structure in a caravan park must be built and certified according to Australian standards - there is also a process Council will need you to follow. This process will depend on whether you are building the structure in a flood liable caravan park, or a non flood liable caravan park.

To found out what type of caravan park you live in, please ask your park operator.

Non flood liable caravan parks
If you live in a non flood liable park you can install or build a structure without Council approval beforehand, but you will need approval from the park operator and an engineer’s certification to confirm it has been designed in accordance with applicable laws. The structure must comply with site coverage and set back requirements.

The structure must also be able to withstand wind speed of at least 41 metres per second.

Once the structure has been built or installed, you must then submit a notice/certificate of completion with the above certification attached.

Flood liable caravan parks

If you live in a flood liable caravan park, you will need Council approval before you start any works.

An application can be made by completing the Application for Structures - Caravan Parks and Manufactured Home Estates’ form.

Your form must be accompanied by:

• The owner of the caravan park’s consent on the form.
  
  
• A fully dimensioned site plan showing the location of all structures on the site including distance to structures on adjoining sites, site boundaries and roads, site number, site area and percentage of site coverage (all roofed areas). Please note, applications are to demonstrate a maximum of 65% site coverage.
  
  
• The design of the associated structure must be certified by a practising structural engineer as structurally sound, and include specifications for the way in which it must be transported and installed, and the footings on which it must be installed. The engineer’s certification must confirm it has been designed in accordance with the Australian Standards nominated in the Regulation, and clearly state the design meets the design gust wind speed of at least 41 metres per second.
  
  
• If your structure includes plumbing and drainage works you must also complete an Application for Approval of Plumbing and Drainage Work on Private Land or Crown Land form.
  
  

  To ensure we can process your application as quickly as possible we ask that you make sure you have attached all the required information correctly.

  If you have any questions about structures in caravan parks, you are welcome to contact council to speak to an environmental health duty officer between hours of 8.30 am - 12 pm Monday - Friday. 

  While it isn’t Council’s preferred approach, penalties may apply where structures have been installed without an approval or not in accordance with local laws.