Paths to Approval
Learn more about how you can get approval for a second dwelling on your property.
There are two paths to approval ...
Complying Development (CDC)
If you selected YES for all questions on our checklist, you have the ability to go through either the Council or a Private Certifer.
Complying Development (Private Certifier): If your proposal meets all the SEPP standards (zoning, size, setbacks, etc. as outlined earlier), you can bypass the council’s discretionary approval altogether. In most cases a private certifier can issue a Complying Development Certificate under the Housing SEPP provisions, and council’s zoning prohibition is effectively overruled by the state law.
Many homeowners choose this route because it’s quicker and avoids any subjective decision-making by the council. So, even if your LEP says “granny flats not permitted in Zone X,” the certifier will rely on the SEPP’s authority to approve it, provided you meet the letter of those requirements.
Development Approval
If you selected NO for some of the questions on our checklist, the Council can access your proposal and approve it on merit. The council can impose conditions or require modifications to your proposal to ensure things like privacy, stormwater drainage, fire safety and other local needs are conformed to.
What is a development contribution fee, and what does that include?
In most cases, councils apply a development contribution fee for your proposal. Your local council will have a published Assessment Policy for S94/94A & S64 Developer Contributions & Plans
It usually includes:
Development Contributions: Council uses these contributions to fund new public facilities and infrastructure needed to support the increased demand from new dwellings.
Water and Sewer: In addition to other contributions, there’s a separate water and sewer access charge levied on a per dwelling basis for secondary dwellings.
Section 94/94A and Section 64: These sections of the relevant legislation outline the process for calculating and collecting these contributions.
Contribution Plans: Various Councils publish their contribution plans, which detail how these contributions are calculated and spent. Look for Assessment Policy for S94/94A & S64 Developer Contributions & Plans
Exemptions: While generally applicable, certain types of development may be exempt or subject to transitional arrangements. It’s important to consult with the council or a qualified professional to determine the specific requirements for your situation.