Approvals

Berrigan Shire Council has a team of highly skilled professional to provide advice and assistance on all Town Planning and Building Surveying matters.

 The team at Berrigan strive to achieve a high degree of customer satisfaction through the development of effective relationships with key groups and a continuous improvement approach to the delivery of services.

Staff will ensure that any land use and building construction is consistent with community expectations, complies with relevant legislation and policies.  At all times the Council aims to protect and enhance the community's health and safety with respect to the built environment.

Do I need approval?

Development is defined as the use of land or premises, the change of use of a building, advertising signage, subdivision of land, the erection of a building, the carrying out of a work and the demolition of a building.

Development is categorised in three ways:

  • Exempt Development
  • Complying Development
  • Development Requiring Consent

Council regulates development within the community through the Local Environmental Plan (LEP), Development Control Plan (DCP) and other policies.  Each development application is assessed on its merits according to these plans and policies. Through this process, Berrigan aims to:

  • Base decisions on careful and proper consideration of the latest legislation and modern town planning concepts
  • Consider the best interests of the environment, the neighbourhood and the applicant
  • Exercise diligence and common sense to achieve mutually agreeable and reasonable outcomes

What to do first?

Before you make any changes to a building or occupy premises, it is important to check whether you need Council approval.

In the first instance you should contact Berrigan Shire Building & Planning to:

  • Check whether the proposal is permissible
  • Check whether the proposal is Exempt or Complying Development
  • Check how Berrigan Shire Councils plans, codes and policies affect the proposal. It is the  applicant's Responsibility to ensure that the relevant controls have been identified and satisfied.
  • Obtain copies of the information necessary to submit an Application.  This includes the appropriate Application form and the relevant planning instruments
  • Obtain advice on the required fees
  • Check if the proposal requires public notification
  • Submit the application

Development requiring Consent

If your proposal is not Exempt or Complying you will require Development Consent under the Environmental Planning and Assessment Act 1979. To obtain Development Consent, you must lodge a Development Application with Berrigan Shire Council.

Construction Certificates

As well as obtaining Development Consent, if you are undertaking any building or structural work, you will need to obtain a Construction Certificate (previously a Building Application).

A Construction Certificate essentially certifies that the detailed construction plans and specifications for the development are consistent with the Development Consent, and comply with the Building Code of Australia (BCA).

This Certificate is required prior to commencing work.  You may obtain a Construction Certificate from Council or from a private accredited certifier

Exempt Development

Exempt development is development identified by Council in the Local Environment Plan (LEP) as not requiring any form of consent.

It is for minor work that does not require the submission of an application and may include minor structures such as garden sheds, pergolas, fences and others.

You will not need to get development consent, if the structure satisfies Council’s definition of exempt development.

Guides are available to help identify if your proposal might be exempt, however confirmation should be sought from Council.

Complying Development

Complying Development is work which is normally expected and that has minimal impact on neighbours and the community, but does not meet the requirements for exempt development.  Complying Development is a simplified and speedier approval process.  For more information about the requirements for Complying Development, as well as how to lodge an application you should contact Council.

How do I make an application?

It is important to provide all necessary documentation at the time of lodgement.  This will ensure the application is processed and approved in the shortest amount of time possible.  If the information is not provided, your application may not be accepted.  All Council application forms should be located on the Application Forms page, if you cannot find what you require, please contact Council on 03) 5888 5100.

An application for a Complying Development Certificate must include:

  • A completed Complying Development Certificate application form
  • Two (2) copies of A4 or A3 size Plans (drawn to scale) are required (Larger plans may be requested).  The plans should include:
    • Locality Plan
    • Site Plan indicating all levels, existing structures and vegetation
    • Plans or drawings of the proposal showing elevations and sections
    • Preliminary engineering drawings (for subdivision work).
    • Scaled plan of the existing buildings (for building alterations
    • A specification sufficient to detail the materials to be used to construct the building
  • Two (2) copies of other relevant documents (soil test, engineers computations/specifications, wind rating) – (if required)
  • A BASIX Certificate (if required) www.basix.nsw.gov.au
  • Full payment of fees. Please email or phone Council’s Building & Planning Department for a quote.
  • Details of NSW Licenced Builder or Owner Builder Permit if the works are above $5,000. www.fairtrading.nsw.gov.au

Applications and accompanying documents can be lodged in person or can be mailed.  Berrigan Shire Council aims to deliver approval for Complying Development within 10 working days.

Approval time is dependant on:

  • The completeness of the application
  • The application not needing to be referred to an external authority for information
  • Appropriate access to the particular premises for inspection
  • The compliance with the relevant legislation, Council codes and policies at that time

We will contact you if:

  • Further information is required
  • The development does not meet the conditions of Complying Development
  • Your proposal is being recommended for refusal

Other Approvals

Local Government Act 1993 Approvals

An activity specified in the Local Government Act, Table 68 may be carried out only with the prior approval of Council.

Table 68 covers six (6) sections and includes:

a)       Approvals for Structures or Places of Public Entertainment                 

Contact Councils Building and Planning Department for more details.

b)         Approvals for Water Supply, Sewerage and Stormwater Drainage work

Minor works such as the following no longer require prior approval from Council provided the water supply work is carried out by a NSW Licenced Plumber:

  • Domestic hot water replacement
  • Garden tap installations
  • Water supply installations to evaporative air-conditioners
  • Residential irrigation systems
  • Water service pipework repairs
  • Plumbing fixtures replacement with same/similar type of fixture
  • Minor house drainage repairs/chokages

All work on water supply, sewerage and stormwater (other than that covered by Minor Works Program) require an approval under the Local Government Act 1993.

For more information on what details to submit with an application for approval, contact Councils Building and Planning Department.

c)            Management of Waste

For more information on the details of this section, contact Councils Customer Service Staff.

d)            Community Land

For more information on the details of this section, contact Councils Customer Service Staff.

e)            Public Roads

For more information on the details of this section, contact Councils Customer Service Staff.

f)             Other Activities

To use community land and public road for various activities an approval is required. e.g.

  • Street vending
  • Installation of Solid Fuel Heaters
  • Markets
  • Operate caravan park or camping ground
  • Operate manufactured home estate
  • Install or operate amusement device

You should contact Councils Building and Planning Department to confirm or discuss your proposed activity. Download an application for Local Activity from the Application Forms page. 

Once You Have Received Approval

 
You must comply with the conditions of consent listed on the document you receive from the Council once your approval has been issued.
 
If you are undertaking any building or structural work you will need to obtain a construction certificate. This is required to be obtained prior to commencing any works.
  • Construction Certificate application
  • Nominating a Principal Certifying Authority
If you wish to modify an aspect of your development consent you will need to complete an Application to Modify form.

Using a Licenced Builder or Becoming  Owner Builder 

Any residential development requiring building works to be undertaken must be carried out by a NSW Licensed Builder or you will need to obtain an Owner Builder Permit if the estimated costs of the building work exceed $5,000.

For further information on checking the licence details of your Builder or obtaining an Owner Builder Permit you need to contact the NSW Office of Fair Trading by calling into their Albury Office at 490 David Street, Albury, phoning them on 13 32 20 or visiting their website www.fairtrading.nsw.gov.au

Smoke Alarms

Legislation requires that all NSW residents must have at least one working smoke alarm installed on each level of their home. This includes owner occupied, rental properties, relocatable homes or any other residential building where people sleep.

For more information on Smoke Alarms you can visit the NSW Fire Brigades website www.fire.nsw.gov.au.

Contacting Council

Office: 56 Chanter Street, Berrigan.
Office hours are 8.00 am to 5.00 pm
Monday to Friday.
Phone:
Fax:
Email:
(03) 5888 5100
(03) 5885 2092
Post: Berrigan Shire Council
56 Chanter Street
BERRIGAN NSW 2712
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