Development Applications - Frequently Asked Questions

How to Lodge an application

Council no longer has any specific application forms. Development Applications are being accepted on the Local Development | Planning Portal - Department of Planning and Environment (nsw.gov.au) website. Register for a NSW Planning Portal account and submit all relevant requirements as detailed in the Application requirements page to begin the lodgement process.
 

Development Application Assessment timeframe

Depending on Council current workload and the type of development, the DA application process can take on average between 2-4 months for a standard dwelling.

Fees

DA fees are available from City of Parramatta’s website. Rates, Fees and Charges | City of Parramatta (nsw.gov.au). After your application has been completed and accepted for lodgement by council a quote for fees will be provided. A fee quote can be requested using a DA fee enquiry application form located under Development and building forms | City of Parramatta (nsw.gov.au).
 

Development Application Tracking

Please use the Development Application tracker on City of Parramatta’s website to track the progress of a development application. More information regarding applications is also available on the website - Development application information - DA Tracker | City of Parramatta (nsw.gov.au).

Section 4.55 Modifications

Section 4.55 modification allows for changes allows modifications to be made to a consent, however, the development must be substantially the same development. Modification of a development consent is outlined in section 4.55 of the Environmental Planning and Assessment Act 1979. A section 4.55 application is submitted to the NSW planning portal. More information about section 4.55 modifications can be found on Council's Development Application page.

Types of Section 4.55 modifications are:

1. Section 4.55(1) - involving minor error; miscalculation or incorrect description
2. Section 4.55(1A) - involving minimal environmental impact
3. Section 4.55(2) - Other Modifications
4. Section 4.56 application is required to modify a consent granted by the Land and Environment Court.

Section 8.3 Applications

Review of determination of a Development Application (Section 8.3) is outlined in the Environmental Planning and Assessment Act 1979 No 203 - NSW Legislation. If an applicant of a development application is not satisfied with a determination (such as refusal or the imposition of conditions/condition), the applicant can request a review of the decision.  However, they are not available for all categories of development. 

Generally, you should submit this application within 3 months of the first determination as applications must be determined within 6 months of the first determination. More information about section 8.3 applications can be found on Council's Development Application page.

If you would like to review a Section 4.55 Modification determination this must be lodged within 28 days of the first determination.

All applications for review of determinations need to be lodged via the Local Development | Planning Portal - Department of Planning and Environment (nsw.gov.au).

The development potential for a subject site depends on planning controls, such as site Floor Space Ratio (FSR), height limits and permitted uses under current zoning under Parramatta Local Environmental Plan 2023, https://legislation.nsw.gov.au/view/html/inforce/current/epi-2023-0117. 

For an overview of development potential, the Changes to development types | Planning Portal - Department of Planning and Environment (nsw.gov.au) a wealth of information relating to ‘Changes to development types’.

Search the relevant address for your lot to view a variety of general planning information. Information available in the NSW Planning Portal Spatial Viewer include but isn’t limited to max height, minimum block size, zoning, etc.

The current list of development types are provided on this page under each heading. 

Council is unable to provide advice on property purchases. 

Refer to 'Preparing to purchase a property' (item 15)
 

For the lodgement of any development Application, a list of mandatory documents to be submitted through the NSW Planning Portal. Refer to Application requirements | City of Parramatta (nsw.gov.au) listed below that must be submitted regardless of type. 

-    Architectural Plans detailing all physical aspects of the development including elevations, site plans, floor plans, sections, shadow diagrams etc.

-    BASIX certificate that is no older than 3 months for all works over $50,000 and BASIX stamped architectural plans. 

-    Signed owners consent form. Refer to Owners Consent.pdf | City of Parramatta (nsw.gov.au) 

-    Statement of Environmental Effects outlining the purpose of the development and how it relates to the Parramatta DCP 2023 and LEP 2023

-    Estimated Cost of Works. Refer to Detailed-Cost-Estimate-Updated-27-September-2022.pdf | City of Parramatta (nsw.gov.au)

-    Waste Management Plan - Waste Management Plan Application Template.doc (live.com) - City of Parramatta

-    Subdivision plans – (if applicable) 

-    Stormwater/Engineering Drawing, including details of cut/fill, retaining walls etc.

-    Landscape Drawings by qualified Landscape Architect or Landscape Consultant. 

-    Detailed Flood Report from a qualified engineer – if Flood affected land, Flood information can be obtained from Select Application Type | City of Parramatta (nsw.gov.au).

 

Dwelling House means a building containing only one dwelling. Dwelling Houses are permissible in R2, R3 and R4 zones with consent pursuant to Parramatta LEP 2023 Parramatta Local Environmental Plan 2023 - NSW Legislation. Refer to Parramatta Development Control Plan 2023 – Part 3 for specific controls for Residential Developments. 03 - Part 3 Residential Development.pdf (nsw.gov.au).

All controls contained in this Part must be read in conjunction with Part 2 – Design in Context, Part 5 – Environmental Management, and Part 6 – Traffic and Parking. Detailed controls that guide outcomes for sites within a heritage conservation area or containing a heritage item, refer to Part 7 – Heritage and Archaeology. For specific controls relating to residential development within an identified Growth Precinct or Strategic Centre, refer to Part 8 – Centres, Precincts, Special Character Areas and Specific Sites of this DCP.
 

A Dual Occupancy (colloquially known as a dual occ or duplex) involves the development of 2 dwellings on one lot of land. Dual occupancy can either be attached meaning 2 dwellings are attached to each other on one lot of land or detached meaning 2 detached dwellings on one lot of land. 

The most common form of dual occupancy is ‘attached’ otherwise known as a duplex. The requirements for this differ within the Parramatta LGA by zone and location. The minimum requirement for a dual occupancy development is an area of the lot to be at least 600m2, and that the lot has at least a 15m wide frontage to a public road.
Refer to NSW Planning Portal for zoning information, use NSW Planning Portal Spatial Viewer to search for a property.

Permissibility under the SEPP (Housing) epi-2024-274 (nsw.gov.au) for attached or detached dual occupancies where it is prohibited under the Parramatta LEP 2023 is subject to meeting the required conditions and exclusions.

Secondary dwellings are a self-contained dwelling that is established in conjunction with a principal dwelling. A secondary dwelling must be on the same lot of land as the principal dwelling. 

Refer to secondary dwellings for FAQ’s to determine if secondary dwellings are permitted in your property and what criteria must be met. Please note you cannot subdivide a secondary dwelling as it must remain on the same lot as the primary dwelling, more information is available in the State Environmental Planning Policy (Housing) 2021 - NSW legislation under Chapter 3 – Division 2 Secondary Dwellings Permitted with consent.

Please refer to the development principles and controls 03 - Part 3 Residential Development.pdf (nsw.gov.au) under Part 3.3.3 to determine the development controls for secondary dwellings.

 
 

Within the Parramatta LGA there are a significant amount of heritage items. Different planning controls apply to these items changing how Council assesses them compared to non-heritage items.

Generally, any modifications to a heritage property will require both a DA and Heritage Impact statement. For smaller development such as a new fence or repainting a Heritage Minor Works Application can be submitted to City of Parramatta. More information regarding Heritage Developments can be found on City of Parramatta’s website Heritage conservation | City of Parramatta (nsw.gov.au). 

Heritage items are covered under Section 5.10. of Parramatta Local Environmental Plan 2023 - NSW Legislation. This section dictates how Council assesses heritage items.

Please note that if a heritage item is within a property, all parts of the property are considered heritage listed.

How can I find a Heritage Listing?

Heritage listings can be found on the NSW Planning Portal Spatial Viewer. Enter the property address and select the heritage mapping layer on the left side by clicking ‘Principal Planning Layers’, ‘Heritage’ and ticking both boxes. This will display if the property and surrounding properties are heritage listed. Specific heritage listings that designate items as being of Local and State significance can be found under Schedule 5 – Environmental Heritage of the Parramatta Local Environmental Plan 2023 - NSW Legislation that applies to your site.

Heritage Conservation Areas

Many Heritage Conservation Areas exist within City of Parramatta. These areas have a cohesive sense of place and a consistent pattern of heritage features. 

Furthermore, for an interactive view, use the NSW Planning Portal Spatial Viewer. Enter the property address and select the heritage mapping layer on the left side by clicking ‘Principal Planning Layers’, ‘Heritage’ and EPI heritage. This will display conservation areas, usually in red with diagonal lines, check the legend for specific areas. ‘EPI heritage’ on the right side of the screen will also display if and what heritage conservation area a property is in.

Within conservation areas different planning controls apply. These controls can be found within the heritage section of the property’s relevant Development control plans | City of Parramatta (nsw.gov.au).

For specific controls for Heritage and Archelogy, refer to 07 - Part 7 Heritage and Archaeology.pdf (nsw.gov.au).
 
 

An outbuilding may be considered exempt development if it meets the criteria of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 - NSW Legislation. Under Subdivision 9, Part 2.17 and 2.18 set development standards for outbuildings. 

For related information such as zoning requirements. Please refer to the NSW Planning Portal and use the NSW Planning Portal Spatial Viewer to search for a property. 

If your development doesn’t meet exempt category, it will require approval as Complying Development Certificate or a Development Application, which can be lodged through the NSW Planning Portal. 

Further guidance for Outbuilding Development Controls refer to 03 - Part 3 Residential Development.pdf (nsw.gov.au) Part 3.2.5 – Outbuildings.
 

A carport may be considered exempt development if it meets the criteria in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 - NSW Legislation – Subdivision 10 – Carports 

For related information such as zoning requirements. Please refer to the NSW Planning Portal and use the Spatial Viewer to search for a property.

If your development does not meet the exempt criteria, it will require a Complying Development Certificate or a Development Application, which can be lodged through the NSW Planning Portal.

Carports are to be provided at grade and be located a minimum of 1 metre behind the front wall of the building. Carports forward of the existing front wall of the building are not supported.
 

Home business means a business, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling.

Home industry means an industrial activity, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling. 

Home Occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling. What differentiates this from a home business and home industry, is that it should not employ persons other than residents of the dwelling.

Operating a home business, a home industry or a home occupation can be exempt development if it meets the criteria within Subdivision 22 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 - NSW Legislation. If it doesn’t meet the criteria or is a business involved manufacture of food products or skin penetration procedures, it is not considered to be exempt and will require an approval.
 

Home based food businesses are not permitted without approval under the SEPP as they do not meet the exempt criteria in Subdivision 22 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 - NSW Legislation.

More information relating to food business regulation is available on City of Parramatta’s website Regulations for food businesses | City of Parramatta (nsw.gov.au).  To register, you can download the form Regulated-Food-Business-Registration-Application-form-2023-2024.pdf (nsw.gov.au).
 

The retail sale of food, drinks and related products on land from a mobile outlet such as a food truck, van, cart or similar vehicle can potentially be done without Council Planning approval by meeting exempt development standards. To meet these standards for mobile food and drink outlets you must comply with the standards set in Subdivision 27A of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 - NSW Legislation.

However, a food businesses form must be submitted to Council for registration prior to commencing operation within the Parramatta Local Government Area. This form and other relevant information can be accessed on the city of Parramatta website Regulations for food businesses | City of Parramatta (nsw.gov.au).
 

10.7 Planning Certificate (Previously known as a Section 149)

Under Section 10.7 of the Environmental Planning and Assessment Act 1979 a person may apply for a Planning Certificate from Council with respect to any land within the Local Government Area. 

Planning and building certificates | City of Parramatta (nsw.gov.au) provides more comprehensive information.

A section 10.7 Planning Certificate was previously known as a Section 149 Certificate. The Certificate will provide you with information regarding the development potential of a parcel of land. There are 2 types of Section 10.7 Planning Certificates.

Section 10.7(2) Certificates

• Zoning of the property
• State, regional and local planning controls
• Property issues such as contamination, flooding, bushfire and other planning considerations

Section 10.7(2) and (5) Certificates

• Provide the same information as a Section 10.7(2) Certificate
• Includes advice from other authorities that provide more detail regarding property raised in a section 10.7(2) Certificates

10.7 Planning Certificates can be applied for on City of Parramatta’s website, in person or by mail. There is a fee associated with both certificates. Certificates can be found on Planning and building certificates | City of Parramatta (nsw.gov.au).
 

Council is unable to provide legal advice on property purchases. 
Before making an offer on a property, make sure you carefully review the Contract of Sale. It is advisable to obtain professional advice from a conveyancer or a solicitor to help you review the contract of sale.  

To get an idea for development potential of the property, a Section 10.7 Planning Certificate of the NSW Environmental Planning and Assessment Act 1979 is a legal document that confirms property attributes applicable for the property. This information is useful for any future development of the site.  By law, the section 10.7 Planning Certificate must be attached to the Contract of Sale.
 

Specific development can be carried out without a consent if it meets the criteria of exempt development.

Information about exempt and complying can be found within State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 - NSW Legislation. This outlines how a development can meet exempt or complying under the SEPP.

Associated subdivisions of the SEPP dictates how specific types of development are assessed as exempt. If you meet the criteria for your specific development, it would be exempt development and won’t require an approval. 

If you cannot meet the exempt development standards of the Codes SEPP 2008, you may require  approval.

 

Complying Development is another approval under this code which can be obtained either from Council, or a private certifier. Complying development is a fast-track approval process and generally relates to greater works then exempt development. Provided the development meets development standards of Complying Development, it can be approved without the need for a development application. If not, a development application would have to be lodged with the Council. More information can be found on the Complying Development | Planning Portal - Department of Planning and Environment (nsw.gov.au).

 Please be advised that Council does not ascertain or provide any written confirmation for any such works to be carried out under the exempt provisions and the responsibility is on the proponent to ensure compliance with the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
 

Subdivision involves the creation of one or more new lots from one existing lot. The minimum lot size for subdivision varies across the Parramatta LGA.

To determine if you can subdivide visit the NSW Planning Portal, use NSW Planning Portal Spatial Viewer to search for a property to determine the minimum lot size, to determine if you can subdivide, it will be displayed on the right side of the screen.
 

Note:
When calculating lot size please note that the area of an access handle (carriageway) is not counted.
 

Please check it relates to the current flooding levels.

City of Parramatta offers several resources to determine how flood impacts your property.

Section 5.21 Flood Planning of the Parramatta Local Environmental Plan 2023 - NSW Legislation applies to your property and determines development in flood-prone areas.

Refer to the City of Parramatta website for information about Developing in a flood area | City of Parramatta (nsw.gov.au). Refer to Frequently Asked Questions for clarification.

General flood information refer to Flooding | City of Parramatta (nsw.gov.au).

Further flood information can be acquired through a section 10.7 certificate from Council for the specific site. Refer to Planning and building certificates | City of Parramatta (nsw.gov.au). 
 

Demolition of a building or structure constructed under exempt development standards may be considered exempt to carry out demolition, if it meets the criteria in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 - NSW Legislation under Subdivision 13 – Demolition .  For an example, demolition works under this SEPP cannot be carried out on a property being heritage listed or within a heritage conservation area.

If the demolition does not meet the criteria specified under this Codes SEPP, it will require a consent as a Complying Development Certificate (CDC) Guide to Complying Development – August 2022 (nsw.gov.au) or a Development Application (DA) Your guide to the DA process | Planning (nsw.gov.au).  These applications can be lodged on the Welcome to the NSW Planning Portal | Planning Portal - Department of Planning and Environment.

Furthermore, when a building has been severely damaged by a natural disaster, restoration works may be considered as exempt. This is outlined in Subdivision 13 of the SEPP 2008.
 

Depending on your zoning fences can be consider exempt development.

For certain residential zones and RU5 zone, fences are considered exempt if they meet the development standards set within Subdivision 17 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 - NSW Legislation. This relates to boundary fences including front fences.

For business and industrial zones fences are considered exempt if they meet the development standards set within Subdivision 19 of the SEPP 2008.

Fences for swimming pools must comply with the Swimming Pools Act 1992 No 49 - NSW Legislation.

For related information such as zoning requirements. Please refer to the NSW Planning Portal and use NSW Planning Portal Spatial Viewer to search for a property.

Where a fence doesn’t meet exempt standards, it requires a Complying Development Certificate or Development Application. These applications can be lodged on the Welcome to the NSW Planning Portal | Planning Portal - Department of Planning and Environment.

The Dividing Fences Act 1991 No 72 - NSW Legislation provides further information, should it be required for your proposal.
 

Installation of a Solar Panel may be considered exempt development if it meets Part 2.38 Division 4 of the SEPP (Transport and Infrastructure) 2021.

For related information such as zoning requirements. Please refer to the NSW Planning Portal and use the Spatial Viewer to search for a property.

If your development doesn’t meet exempt it will require a DA, which can be lodged through the NSW Planning Portal.

Currently, solar batteries require a Development Application. This may change with future amendments.
 

Swimming pools are a development that requires approval. 

In the Parramatta LEP 2023 a swimming pool is defined as: 

‘an excavation, structure or vessel

-    that is capable of being filled with water to a depth of 300 millimetres or more, and
-    that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity’

When finalising a proposal for a swimming pool, the amount of cut and fill must be minimised to reduce the impacts on neighbouring properties. The surface of a swimming pool can also be included in landscaped area calculations.

A development application can be lodged on the NSW Planning Portal. A guide to the DA Process can also be found on the NSW Planning Portal.

Pool Fencing

Pool fencing is required under the Swimming Pools Act 1992 and is defined as a child resistant barrier under the act. 

This barrier must meet requirements set in the swimming pools regulation 2018 and Australian Standards.

More information about pool fencing can be found on Council's Pool Safety page.

Furthermore, a general guide to pool fencing can be found on NSW Fair Trading website.

Removal of a Swimming Pool

Removal of a swimming pool will also require a Development Application as Council must oversee the removal and subsequent earthworks and landscaping required.

Exempt Swimming Pools

Construction of a portable swimming pool or Spa and associated child-resistant barrier may be considered exempt development if it meets the standards in Subdivision 30 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 - NSW Legislation. This is intended for very small pools and anything larger will require a DA. 
 

Wood fire heaters and hearth fireplaces are not mentioned in the SEPP (Exempt and Complying Development Codes) 2008 as they are not considered exempt development in NSW. Therefore, an approval is required under Section 68 of the Local Government Act 1993 and fireplaces are to be installed in compliance with the Australian Standard.

All new wood fire heaters must also comply with Protection of the Environment Operations (General) Regulation 2022.

As wood fire heaters cannot be considered exempt development, please lodge an application through the NSW Planning Portal for approval. More information about the DA process can be found on the NSW Planning Portal DA Guide.
 

Zoning is used by Councils to designate areas within their jurisdiction for different purposes including residential, commercial, recreation, etc. Zoning ensures Council can manage what types of development are happening in what areas allowing Council to manage the growth, character, amenity and change of areas.

The zoning of a property determines what types of development are both permitted and prohibited on it. Furthermore, zoning determines specific Environmental Planning Instruments that apply to a property including lot size, subdivision and development potential on a property. 

The Land Use Table in each LEP determines what development is permitted and prohibited in each zone. While some zoning requirements overlap between LEP’s there are differences so it’s important to determine what LEP applies to your property.

City of Parramatta Local Environmental Plans Land Use Tables 

Parramatta Local Environmental Plan 2023 – Parramatta Local Environmental Plan 2023 – NSW Legislation

City of Parramatta Development Control Plans

Specific works fall under the jurisdiction of a Development control plan such as the building envelope of a development for example. City of Parramatta has harmonised the former 9 DCPs that correspond with the former council areas and specific sites across the LGA as of September 2023.

The Harmonised DCP in use in the Parramatta LGA can be found – Development Control Plan 2023 City of Parramatta (nsw.gov.au) 

Section 1.8A of the LEP provides a provision for development applications made before the commencement of new legislation.
 

For development that will require:

• access on or through Council’s land; 
• an easement through Council’s land; 
• interaction from land adjoining Council’s property;

Please contact Council’s Property Services Team Strategicassets@cityofparramatta.nsw.gov.au 
 

For development that will require:

• an easement through Council’s reserve;
• draining of the development/property in a Council reserve terminal/easement;
• development on a site listed on Native Vegetation Map/Endangered Ecological Community (EEC);
• removal/pruning of a Council owned tree

Please contact Council’s Open Space Team:  Openspace@cityofparramatta.nsw.gov.au 
 

For development that will require:

• permission to encroach on public domain;
• footpath crossing;
• upgrade of telecommunication infrastructure;

Please contact Council’s Civil Assets Team CAssets@cityofparramatta.nsw.gov.au 
 

Information regarding lapsing of consent and changes to lapsing of consent due to COVID can be found on the Section 4.53 Lapsing of Consent of Environmental Planning and Assessment Act 1979 No 203 - NSW Legislation 

For further information refer to Changes to support businesses and landowners | Planning (nsw.gov.au).

Please note that should the Covid extension apply to your consent, no update or confirmation of the extension is required from council. You don’t need to apply to council for the extension, which is applied automatically to the DA.

The general engineering advice for stormwater and flooding cannot be provided via the Duty Planner Booking or call-back requests.

The information has been reviewed and updated on council website to ensure consultant engineers and owners can obtain the information they need. Refer to the following webpages in the first instance, to aid with any enquiries you may have:

 - Application Requirements

 - Engineering Requirements for Development and Subdivision

If you have reviewed the website information and are still seeking engineering (stormwater and flooding) advice before lodging your application, please applying for a pre-lodgement meeting (fees apply).

Tree protection controls apply to most trees within the City of Parramatta that meet specific criteria.

For information about what tree protections measures apply in your area visit the Trees | City of Parramatta (nsw.gov.au) Further, information regarding the removal of trees and associated developments can be found on the Trees and development | City of Parramatta (nsw.gov.au).

If you have any legal questions regarding your property, development, or that of another, Planners cannot assist you with legal advice, instead seek advice from a legal professional.

If you wish to leave about upcoming developments that might be affecting your area, please check the link below. Otherwise the Parramatta DA tracker is an excellent tool for providing additional information on neighbouring  developments.

https://www.cityofparramatta.nsw.gov.au/development/development-applications-currently-on-notification

https://www.cityofparramatta.nsw.gov.au/development/development-application-information-da-tracker
 

If a development is believed to not be in compliance with Council’s regulations, Council has the authority to investigate reports of these non-compliances. If you wish to report a non-compliance please contact our Compliance team at governance@cityofparramatta.nsw.gov.au.

To determine if your property is identified as bushfire prone, please use the NSW RFS bushfire map as a guidance tool and refer to Building in a bush fire area - NSW Rural Fire Service for further information. 

Spatial Viewer on the NSW planning portal can also be used as guidance in determining bushfire prone land. Search your property, ‘Hazard’ then ‘Bushfire Prone Land’.