Making a submission on a Development Application

Who can make a submission?

 

Any person who feels that their property/locality may be adversely impacted by a proposed development is welcome to make a submission in response to a notified/advertised Development Application (DA) or Building Certificate Application (BC).

In making a submission, it is recommended that you consider the following:

• Property owners or anyone obtaining consent by the property owner, are entitled to make applications to develop their properties.
• Council is obliged to consider Development Applications within a legal framework established by the Environmental Planning and Assessment Act 1979 and related documents including the Warringah Local Environmental Plan 2000. That framework grants landowners certain entitlements. For example, it may be a locality that permits residential flat buildings, in which case the landowner is entitled to build a residential flat building provided it is designed to meet the criteria specified in the planning documents (Warringah Local Environment Plan).
• Development, other than exempt or complying development generally requires Council to write to adjoining neighbours inviting their comments, but anyone can make a submission on any Development Application, whether they received a letter or not.

• Matters raised in submissions should relate to a planning matter such as the impact of the proposed development in terms of bulk, scale, privacy and solar access etc.
• Council may either approve (with or without conditions) or refuse an application. If an application is refused, the applicant can appeal Council’s decision in the Land and Environment Court. The lodging of a submission does not imply that Council will refuse the application.

 

How do I make a submission?

 

To make a submission on a proposal, you may send it via DA’s Online, email or a written submission to Council. All submissions must specify the application number (DAYYYY/NNNN), and respective address.

If the submission is an objection, the reasons for your objection must be clearly explained in the submission. It is important that submission letters only contain information relevant to the proposal.

Petitions may also be used for submissions provided they satisfy the same guidelines mentioned above although all signatories within a petition will not receive acknowledgement in writing (below).

In making a submission on a Development Application, you may provide Council with personal information.  This information will be held by Council to enable us to contact you in the course of consideration of the application and to ensure completeness of our records in relation to the application. You are not required by law to supply Council with your name and address.  You may choose to make an anonymous submission, but you should note that without your name and address officers might not be able to access the accuracy of any issues you raise relative to the proposal.

Council is legally obliged to make Development Applications and supporting documents available for public inspection – see section 12 of the Local Government Act 1993.  We do this at the Customer Service Centre and by placing copies of the applications and supporting documents on the Council website.  Your submission will form part of the application and Council presumes that you consent to the disclosure of your personal information and copying of the document. 

Warringah Council accepts no responsibility for defamatory or other similar matters included in your submission.  You include such matters in the submission at your own risk.

Is the number of submissions important?

 

Generally, the number of submissions received in response to a DA does not have a bearing on the likely outcome of the application. The matters raised in the submissions are of primary importance and they are but one consideration of the entire application.

What happens if I make a submission?

 

Council must consider all matters which have been raised within any submission before making a decision regarding development applications. As the reporting process is open it is important to note that your submission will be made public and could appear in a document available to the general public. (S12 Local Government Act 1993)

Any submission received relating to an application lodged will be publicly available on the Warringah Council website. www.warringah.nsw.gov.au