MODULE 03 Flashcards
TO WHAT EXTENT IS AN ARCHITECT INVOLVED IN A DEVELOPMENT PROJECT ?
In summary, the architect’s involvement with the development approval process is mainly formed
around these two skills:
– Understanding the development application (authority approvals) processes
- correctly interpreting planning controls
– Advising the client on the process
- to appoint the right consultants for the job
WHAT MAY BE THE POSSIBLE OUTCOMES OF ANY DEVELOPMENT APPLICATION ?
The outcome of any application may be :
a conditional approval,
a deferred commencement or
a refusal.
Where the outcome of an application determination is not satisfactory, or parts of an approval require a review, a new application can be submitted to the same or a different consent authority.
WHAT DOES AN ARCHITECT’S INSAURANCE DOES NOT COVER ?
architect’s insurance will not cover providing specialist advice outside of an architect’s area of expertise, for example, the preparation of a Statement of Environmental Effects (SEE) that later proves inadequate.
What types of projects will end up with the decision makers at state level?
State significant development or
infrastructure projects,
developments over a certain minimum capital investment value (CIV) e.g. $30 million in NSW,
may go to state planning panels such as NSW’ Sydney Planning Panels or Joint Regional Planning Panels..
Very large projects may be referred to additional authorities, for example NSW projects of CIV over $100 million go to the Independent Planning Commission.
Some types of planning applications e.g. rezoning applications may be referred to state panels if they are not supported or assessed by local councils within a certain amount of time
WHO ARE THE DECISION MAKING BODIES FOR LOCAL DA’s ?
For local DAs the decision-making bodies are either
council planning officers,
committees or
the local planning panels.
Councillors no longer determine DAs.
Some planning decisions require concurrence from other approval bodies, e.g.development on main roads, within bush fire prone land or under airports flight paths.
Reference to such bodies frequently delays approval process.
EXPLAIN THE NSW PLANNING SYSTEM WITH REGARDS TO URBAN PLANNING REGULATIONS, CONSENT AUTHORITIES AND APPROVAL PROCESS ?
In NSW, the Environmental Planning and Assessment (EPA) Act (1979) and Regulations (2000)are the highest level of legislative requirements and regulations controlling development throughout the state.
Under the EPA, State Environmental Planning Policies (SEPPs) and Local Environmental Plans (LEPs) are legislative controls and compliance with them is required by law. They are also referred to as Environmental Planning Instruments (EPIs).
Development Control Plans (DCPs) are guidelines, not legally binding, but can become big problems if too many guidelines are breached or a proposed development does not meet the objectives or the neighbourhood character statements.
SEPP requirements overrule LEP and DCP controls where there is a discrepancy. Examples are the Apartment Design Guide (ADG) design criteria and guidelines for visual privacy and solar access or SEPP BASIX standards for efficiency in energy and water consumption.
Note: Draft LEPs need to be considered only when on public exhibition.
EXPLAIN THE TYPES OF DEVELOPMENTS IN NSW
Exempt development does not need council assessment or consent, or notification to neighbours.
Complying development can be carried out by obtaining a CDC (Complying Development Certificate) which can be issued by a PCA (Principal Certifying Authority) that is either a private certifier or council in 10 days.
Local development requires council approval through a development application (DA) process. This is the most “traditional” scale of development approval process that architects are familiar with and which is discussed further below.
Integrated development requires more than one approval from other government bodies like Sydney Water, Transport for NSW, etc.
Designated development, State Significant Development (SSDs) and State Significant Infrastructure (SSIs) have increased level of impact. Designated developments are typically those likely to generate pollution such as piggeries, coal mines and big marinas. These types of development require the preparation of an Environmental Impact Statement (EIS) instead of a Statement of Environmental Effects (SEE). An EIS has a different format to a SEE and contains an extensive assessment of the potential environmental impacts of a proposal.
Crown development cannot be refused by state or local governments except with the approval of the minister for planning. The assessing body can ask for changes to the application, but the proposed changes should be accepted by the applicant or the minister for planning. Crown development must not be confused with development on Crown land. Crown development is that initiated by any government department, which has a minister, but does not include authorities. Crown development can be carried out on private or Crown
land
TO PREPARE A PROPER DA, WHAT DOES AN ARCHITECT NEED TO DO ?
To prepare a proper DA, an architect needs to:
– Discuss the project with the relevant consultants at the early stages of your design. Some fatal mistakes can be avoided when not much time and budget spent on a
project.
– Understand the applicable planning controls. Avoid guesses and make sure the exact definition of every term and control is known.
– Prepare architectural documentation in accordance with the requirements listed on the application form or otherwise advised by the consent authority. At a minimum an architect needs to submit a properly produced SEE and the expert reports that relate to the nature of the proposal.
– Package the DA in accordance with the consent authority submission protocols.
– Make sure all owners signed the forms if there are more than one.
– Double check the fees with Council before attending the front desk with the documents and a cheque. Generally, applications assessed by local planning panels or council planners are subject to construction cost. While the fees for applications submitted to state planning panels are based on capital investment values (CIVs) which include furniture fittings, architects’ and consultant fees.
– Architects are advised not to nominate themselves as the applicant. Architects cannot act as expert witness in the court if acting as the applicant for a DA.
All the above items can turn into risks and hazards for the submission of a DA, if they are not followed properly
WHEN ARE PRE-DA MEETINGS ADVICEABLE ? CAN THE ADVICE GIVEN IN PRE-DA MEETING BE RELIED UPON SUBMITTING DA ? HOW MUCH THE PROJECT TIMELINE WILL EXTEND BY DUE TO PRE-DA MEETING ?
Pre-DA meetings are advisable where the proposal is for large scale development that challenges the existing planning system, or when there are a number of design options and council feedback on them is sought, but they are not uniformly advisable for smaller developments.
The advice given in a pre-DA meeting cannot be relied on for the main submission. Council’s approach and position can differ from the one taken in the pre-DA
meeting. Pre-DA meetings will extend project timeline by about six weeks.
WHAT ARE THE OPTIONS IF A DA IS REFUSED ?
If a refusal is issued, the applicant can either appeal to the court or submit a review application
to the Council. A review application can also be submitted if an unsatisfactory approval is
issued
HOW LONG DOES IT TAKE AFTER THE DA IS SUCCESSFULLY SUBMITTED FOR IT TO BE ALLOCATED AN ASSESSMENT OFFICER ?
2 WEEKS
HOW LONG IS THE NOTIFICATION PERIOD FOR A TYPICAL DA , MORE SENSETIVE DA’s AND INTEGRATED DEVELOPMENT DA’s ?
The notification period for a typical DA is 14 days (can be extended to 21 days for more sensitive DAs i.e. schools, hospitals) and 28 days for integrated development.
This period does not include public holidays over the Christmas period.
WHAT IS THE LEGAL DEADLINE FOR NEIGHBOURS TO SUBMIT THEIR OBJECTIONS TO YOUR DA ?
Note that there is no legal deadline for neighbours to stop them from submitting their objection to council. The applicant is not required by law to submit a response to objections, but it is always good to do so when the objections are of a certain number and raise valid design or planning issues
ON THE OCCURENCE OF WHAT EVENTS DOES THE DECISION OF THE DA WILL HAVE TO BE MADE BY ANOTHER BODY LIKE THE LOCAL PLANNING PANEL INSTEAD OF COUNCIL ?
A determination on a development application may have to be made by another body such as a Local Planning Panel if events such as the following happen:
– the project value is within a certain range, e.g. between $5 and $30 million in NSW,
– the DA receives a certain number of objections,
– the proposal is for the demolition of a heritage item,
– the degree of non-compliance with a (LEP) development standard is 10% or more
– the DA is for sensitive development such as childcare centres or schools
WHAT ARE THE POSSIBLE OUTCOMES OF A DA ?
- No decision, also called deemed refusal. If the applicant does not hear from council within a certain timeframe, e.g. 40 days after submission, they can typically appeal to the courts for a decision.
– The application may be rejected by council at the counter or within two weeks after submission, if it does not include sufficient documentation in accordance with the requirements listed on the DA application form and checklist. Rejection usually results from incomplete or inaccurate DA, or a DA for a land use that is prohibited in the zone.
– Approval with conditions sometimes requires changes to the proposed design. Some conditions need to be satisfied prior to lodging a Construction Certificate (CC) or obtaining an Occupation Certificate (OC).
– Deferred Commencement approval requires compliance to be achieved with some requirements that do not make part of general conditions of consent. An example is remediation of a site from potential contamination when it cannot be used for the purpose of the development subject of the approval in the existing site conditions. A Council officer can issue the development consent as soon as the applicant provides
the necessary evidence of satisfying deferred commencement requirements
