How to Object to a Development Application in NSW

Objecting to a development application in New South Wales (NSW) involves a structured process that allows individuals and communities to voice their concerns about proposed developments. This guide will walk you through the steps of lodging an objection, key points to consider, and the possible outcomes of your submission.

Understanding the Development Application Process

In NSW, a development application (DA) is a formal request to the local council to carry out specific types of development. These applications are typically assessed to ensure they comply with local planning controls and the State Environmental Planning Policies (SEPPs). If you have concerns about a proposed development, you have the right to object.

Key Steps to Objecting to a Development Application

1. Review the Development Application

Before lodging an objection, it's essential to understand the specifics of the development application. Here’s how you can do that:

• Access the Application: Development applications are usually available for public viewing on the local council’s website or at the council offices. Some councils also use state-wide systems like the NSW Planning Portal.
• Understand the Proposal: Review the plans, documents, and any supporting information to grasp what the development entails, including its scale, design, and potential impact on the surrounding area.

2. Check the Submission Deadline

Development applications have a set period during which objections can be lodged. This period is typically between 14 and 30 days from the date of the public notice or advertising of the application. Ensure you are aware of this deadline to submit your objection on time.

3. Prepare Your Objection

When preparing your objection, consider the following:

• Be Specific: Clearly state your concerns regarding the development. Generic objections are less effective than those that address specific issues such as non-compliance with planning controls or potential negative impacts on the environment or local infrastructure.
• Provide Evidence: Support your objections with factual information, such as photographs, expert reports, or other relevant data. This helps strengthen your case.
• Address Relevant Issues: Focus on planning issues rather than personal grievances. Relevant issues might include impacts on traffic, noise, privacy, aesthetics, or the environment.

4. Submit Your Objection

Your objection should be submitted in writing to the local council. This can usually be done via:

• Online Submission: Many councils offer online forms or portals for submitting objections.
• Email or Post: Check the council’s website for the correct email address or postal address for submitting objections.

Ensure your objection includes:

• Your Details: Full name, address, and contact information.
• Application Details: DA number, address of the proposed development, and a brief description of the proposal.
• Your Objection: A detailed explanation of your concerns and any supporting evidence.

5. Follow Up

After submitting your objection, you may receive confirmation from the council. It’s beneficial to follow up to ensure your submission has been received and is being considered. Keep track of any updates regarding the application and be prepared to attend any public meetings or hearings if necessary.

Possible Outcomes

• Review and Assessment: The council will review all objections and assess them against the development application. This may lead to modifications to the proposal or, in some cases, the refusal of the application.
• Public Hearing: In some cases, a public hearing may be held to discuss the objections and the development proposal. You may be invited to present your case at this hearing.
• Decision: The council will make a decision based on the development application, the objections received, and any other relevant factors. You will be notified of the outcome.

Common Grounds for Objection

1. Compliance with Planning Controls

If the development does not comply with local planning controls or State Environmental Planning Policies (SEPPs), this can be a valid reason for objection.

2. Impact on the Environment

Objections may be based on potential environmental impacts, such as:

• Loss of Green Space: Impact on local parks or natural reserves.
• Wildlife Displacement: Effects on local wildlife and their habitats.
• Pollution: Concerns about increased pollution or contamination.

3. Traffic and Parking Issues

Increased traffic and insufficient parking can be significant issues, especially in congested areas. If the development exacerbates these problems, it can be a basis for objection.

4. Privacy and Amenity

If the development impacts your privacy or reduces the amenity of your property (e.g., through overshadowing or overlooking), these concerns can be included in your objection.

5. Aesthetic Concerns

Although more subjective, concerns about the visual impact of the development and how it fits within the character of the area can also be valid grounds for objection.

Tips for Effective Objection

• Be Clear and Concise: Clearly outline your concerns and provide evidence where possible.
• Stay Professional: Keep your objection factual and professional, avoiding emotional language or personal attacks.
• Engage with Your Community: Sometimes, objections are more effective when raised collectively. Engage with your neighbors or local community groups to strengthen your position.

Conclusion

Objecting to a development application is a critical process for ensuring that new developments are appropriately assessed and managed. By following the steps outlined above, you can effectively present your concerns and contribute to the planning and development process in your local area.