Development application

Development applications submitted between 10 December 2017 and 30 January 2018 (both days inclusive) that require notification to surrounding properties will have an extended notification period due to Christmas and New Year holidays. The notification period will close on 14 February 2018 but may be further extended for some applications lodged in this period to comply with Council’s notification policy. For more information call 9424 0000.

I want to modify my DA consent (Section 96)

Guide to preparing and lodging a DA

If your development proposal is not classified as exempt or complying development, you may need to lodge a development application (DA) with Council to get development consent.

Below is our 5-step guide to preparing and lodging a DA. The step-by-step guide should be read in conjunction with our DA Guide (pdf. 1MB) and DA assessment fact sheet.

Step 1 - Does your development comply?

  • Is your development permissible? Check the property's zoning
  • Design your development to comply with our planning controls (eg LEP and DCP)?
  • Does your development comply with all relevant NSW Government SEPPs

Step 2 - Prepare plans and documents

Step 3 - Consult your neighbours

  • Discuss your development proposal with your neighbours prior to lodging your DA. Early consultation can often alleviate their concerns about what you are proposing to do. Your neighbours may also identify issues with your development proposal that you may not be aware of (eg privacy, overshadowing).
  • If you are living in a strata building, check whether you need body corporate approval for your development before preparing a DA as their consent is required on the DA form at the time of lodgement.  

Step 4 - Apply for a pre-DA consultation (optional)

Step 5 - Lodge your DA with Council

  • Contact our Customer Service staff on (02) 9424 0000 to receive a fee quote for lodging your DA.
  • You can lodge your DA using the following methods:
    • In person at Council Chambers, 818 Pacific Highway, Gordon, between 8.30am - 4.15pm, Monday to Friday
    • By post to Ku-ring-gai Council, Locked Bag 1006, Gordon 2072. Payment must be included – only cheque or credit card accepted.

           Make your cheque payable to Ku-ring-gai Council, cross ‘Not Negotiable’ and post to:

           Locked Bag 1006, Gordon NSW 2072

           Credit Card Payment Form  (pdf. 118KB)

The DA assessment process

Read our DA assessment fact sheet for information about the DA assessment process, including the notification of DAs to surrounding property owners and advice for residents who want to make comments about a DA to Council (known as a 'submission').

Further information about making a submission

Post DA consent

  • When Council has made a decision on an application, a Notice of Determination is sent to the applicant. Where an application is approved, the Notice will include conditions of consent and the date of the consent. Where an application is refused, the Notice will include the reasons for refusal.

  • Read the Guide to the Building Approvals Process to identify the next steps involved or if you require further approvals.

  • You will need a Construction Certificate to be issued by Council or a private accredited certifier if your approved DA involves building works.

  • Relevant council forms:

            Application for a Construction Certificate form

            Principal Certifying Authority Service Agreement form

            Notice of Commencement of Building, Subdivision or Demolition Work (pdf. 77KB)

            Application for an Occupation Certificate form

Making changes to a DA consent (Section 96)

If you need to make changes to a DA after Council has given development consent there are several ways to do this. Each way depends on what sort of changes you want to make, and how they will affect the DA that was originally approved.

  • To correct a minor error, an incorrect description or miscalculation, a section 96(1) application is required.
  • For minimal environmental impact changes, a section 96(1A) application is required.
  • To modify the consent in other ways, due to design changes for example, evidence needs to be provided that the development will be substantially the same, with a section 96(2) application.
  • To modify a consent handed down by the Land and Environment Court, a section 96AA(1) application is required.

Our Application to Modify a Development Consent form (often called a 'section 96 application') can be used for all of the above scenarios provided the correct section is clearly marked with appropriate details.

Section 96 applications also need consent from all of the registered property owners for the changes to be considered. If a company owns the property, the company stamp or seal is required. If the building is subject to a strata scheme, the owners' corporation seal and authorised signatures are required.

Further requirements

A section 96 application needs to include:

  • the completed form
  • fee payment
  • supporting documentation (eg plans, Statement of Environmental Effects etc - check DA Guide (pdf. 1MB))
  • minimum of 6 hard copy sets of plans/documents
  • electronic copies of all documents (refer to Appendix 1 of DA Guide (pdf. 1MB))

Plans must be drawn to scale, normally at 1:100, minimum A3 size and suitably numbered and dated (refer to Appendix 1 of DA Guide (pdf. 1MB) for full specifications). Plans are to be folded to A4 size with the title block to the front otherwise they will not be accepted at the time of lodgement. Some applications may require an updated BASIX certificate or bush fire risk assessment report/certification - check with your building designer.