• (02) 6836 5888
  • mail@cobar.nsw.gov.au
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(02) 6836 5888
mail@cobar.nsw.gov.au
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Development Application Help

What is a Development Application (DA)?

A Development Application (DA) is a formal request for permission to carry out development, such as building a new structure, altering an existing one, subdividing land, or changing the use of a property. Lodging a DA ensures your proposal is assessed against relevant planning controls and environmental considerations.

All Development Applications must be lodged online via the NSW Planning Portal. Before lodging, applicants should ensure all required documents are complete and accurate.

See Frequently Asked Questions (FAQ) at end of page for more information.

Exempt Development

Some minor building works can be carried out without needing a Development Application (DA) if they meet the criteria for exempt development under NSW planning rules. These rules apply to residential, rural, business, and industrial zones but not to heritage-listed properties, flood-prone land, or environmentally sensitive areas.

A few examples of development that can be exempt development are: decks, garden sheds, carports, fences, repairing a window or painting a house. More information is available in the Understanding exempt development fact sheet.

Refer to the page NSW Government – Exempt development: Planning approval pathways for full details.

Fences

You can build a fence without approval if:

  • It’s on land zoned residential, rural, business, or industrial
  • It’s no taller than 1.8m (or 1.2m if masonry)
  • It’s not in a heritage or conservation area
  • It’s not in a flood-prone or foreshore area
  • It’s not along a primary or secondary road setback
  • It uses non-combustible materials or hardwood on bushfire-prone land
  • Metal parts are low-reflective and factory pre-coloured
  • Gates do not open outward
  • No barbed wire or electric fencing (except in zone R5)

Refer to the NSW Government Fact Sheet – Fences: Exempt & Complying Development for full details.

You can build these without approval if:

  • The structure is no larger than 20m²
  • It’s no taller than 3m
  • It’s located behind the building line
  • It’s not in a heritage or flood-prone area
  • It’s non-combustible on bushfire-prone land
  • It doesn’t interfere with stormwater drainage or neighbouring properties

Refer to the NSW Government Fact Sheet – Garden sheds & outbuildings: Exempt & Complying Development for full details.

You can build a carport without approval if:

  • It’s no larger than 25m² (or 50m² in rural zones)
  • It’s no taller than 3m
  • It’s at least 1m behind the building line
  • It’s open on at least 2 sides and ⅓ of the perimeter
  • It’s set back 900mm from boundaries (or 5m in rural zones)
  • It’s not in a heritage or bushfire-prone area unless compliant

Refer to the NSW Government Fact Sheet – Carports and garages: Exempt & Complying Development for full details.

You can build these without approval if:

  • The development must be located behind the building line of any road frontage and must be located from the lot boundary by at least:
    • 5m (if located on zone RU1, RU2, RU3, RU4, RU6 or R5)
    • 900mm (for any other zone).
  • It must not have an area of more than 25m2.
  •  The total floor area of all structures on the lot cannot exceed:
    • On a lot larger than 300m2, 15% of the ground floor area of the dwelling on the lot
    • On a lot 300m² or less: 25m2.
  • Any enclosing wall must be no higher than 1.4m.
  • The floor height must not be more than 1m above the existing ground level.
  • It must not be more than 3 m at the highest point, above existing ground level.
  • If it is to be constructed out of metal
    components the wall should be low reflective, and use factory pre-coloured materials.
  • If it is located on bushfire-prone land and is less than 5m from a dwelling, the wall needs to be constructed of non-combustible
    material.

Refer to the NSW Government Fact Sheet – Decks & patios: Exempt & Complying Development for short details and

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 for full details.

You can build a retaining wall without approval if:

  • It’s no taller than 1m
  • It doesn’t redirect stormwater
  • It’s structurally sound and complies with the Building Code of Australia
  • It’s not in a heritage or environmentally sensitive area

Refer to the NSW Legislation – Subdivision 15 Earthworks, retaining walls and structural support for full details.

You can build without approval if:

  • The work is on land zoned residential, rural, business, or industrial
  • The surface is for pedestrian or vehicle access (e.g. driveways, paths, hardstands)
  • The area is not in a heritage conservation zone, flood-prone land, or environmentally sensitive area
  • The surface is not located between the dwelling and the street unless:
    • It’s a driveway or path leading to the front door or garage
    • It’s not more than 50% of the front setback area
  • The materials used are permeable or allow for proper stormwater drainage
  • The surface is not elevated more than 600mm above ground level
  • The work does not redirect stormwater onto neighbouring properties

Note:

  • Heritage-listed properties or those in conservation areas will require approval.
  • Stormwater drainage must be maintained, surfaces must not cause runoff issues.
  • Bushfire-prone land may require non-combustible materials or additional controls.
  • Vehicle hardstands must be used for parking and not for storage or other purposes.

Refer to the NSW Government Fact Sheet – Driveways, hardstands, pathways & paving: Exempt & Complying Development for full details.

Even if your project seems exempt, you must check:

  • Your land zoning and property overlays (e.g. heritage, flood, bushfire)
  • Whether your land is in a setback area or conservation zone
  • If your structure affects drainage, visibility, or neighbouring properties

Use the NSW Planning Portal Viewer to check your property’s zoning and constraints. Also see 

You can build a fence without approval if:

  • It’s on land zoned residential, rural, business, or industrial
  • It’s no taller than 1.8m (or 1.2m if masonry)
  • It’s not in a heritage or conservation area
  • It’s not in a flood-prone or foreshore area
  • It’s not along a primary or secondary road setback
  • It uses non-combustible materials or hardwood on bushfire-prone land
  • Metal parts are low-reflective and factory pre-coloured
  • Gates do not open outward
  • No barbed wire or electric fencing (except in zone R5)

Refer to the NSW Government Fact Sheet – Fences: Exempt & Complying Development for full details.

You can build these without approval if:

  • The structure is no larger than 20m²
  • It’s no taller than 3m
  • It’s located behind the building line
  • It’s not in a heritage or flood-prone area
  • It’s non-combustible on bushfire-prone land
  • It doesn’t interfere with stormwater drainage or neighbouring properties

Refer to the NSW Government Fact Sheet – Garden sheds & outbuildings: Exempt & Complying Development for full details.

You can build a carport without approval if:

  • It’s no larger than 25m² (or 50m² in rural zones)
  • It’s no taller than 3m
  • It’s at least 1m behind the building line
  • It’s open on at least 2 sides and ⅓ of the perimeter
  • It’s set back 900mm from boundaries (or 5m in rural zones)
  • It’s not in a heritage or bushfire-prone area unless compliant

Refer to the NSW Government Fact Sheet – Carports and garages: Exempt & Complying Development for full details.

You can build these without approval if:

  • The development must be located behind the building line of any road frontage and must be located from the lot boundary by at least:
    • 5m (if located on zone RU1, RU2, RU3, RU4, RU6 or R5)
    • 900mm (for any other zone).
  • It must not have an area of more than 25m2.
  •  The total floor area of all structures on the lot cannot exceed:
    • On a lot larger than 300m2, 15% of the ground floor area of the dwelling on the lot
    • On a lot 300m² or less: 25m2.
  • Any enclosing wall must be no higher than 1.4m.
  • The floor height must not be more than 1m above the existing ground level.
  • It must not be more than 3 m at the highest point, above existing ground level.
  • If it is to be constructed out of metal
    components the wall should be low reflective, and use factory pre-coloured materials.
  • If it is located on bushfire-prone land and is less than 5m from a dwelling, the wall needs to be constructed of non-combustible
    material.

Refer to the NSW Government Fact Sheet – Decks & patios: Exempt & Complying Development for short details and

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 for full details.

You can build a retaining wall without approval if:

  • It’s no taller than 1m
  • It doesn’t redirect stormwater
  • It’s structurally sound and complies with the Building Code of Australia
  • It’s not in a heritage or environmentally sensitive area

Refer to the NSW Legislation – Subdivision 15 Earthworks, retaining walls and structural support for full details.

You can build without approval if:

  • The work is on land zoned residential, rural, business, or industrial
  • The surface is for pedestrian or vehicle access (e.g. driveways, paths, hardstands)
  • The area is not in a heritage conservation zone, flood-prone land, or environmentally sensitive area
  • The surface is not located between the dwelling and the street unless:
    • It’s a driveway or path leading to the front door or garage
    • It’s not more than 50% of the front setback area
  • The materials used are permeable or allow for proper stormwater drainage
  • The surface is not elevated more than 600mm above ground level
  • The work does not redirect stormwater onto neighbouring properties

Note:

  • Heritage-listed properties or those in conservation areas will require approval.
  • Stormwater drainage must be maintained, surfaces must not cause runoff issues.
  • Bushfire-prone land may require non-combustible materials or additional controls.
  • Vehicle hardstands must be used for parking and not for storage or other purposes.

Refer to the NSW Government Fact Sheet – Driveways, hardstands, pathways & paving: Exempt & Complying Development for full details.

Even if your project seems exempt, you must check:

  • Your land zoning and property overlays (e.g. heritage, flood, bushfire)
  • Whether your land is in a setback area or conservation zone
  • If your structure affects drainage, visibility, or neighbouring properties

Use the NSW Planning Portal Viewer to check your property’s zoning and constraints.

Required Documents

Below is information on what you may need, and how you will prepare your applications. Please read before submitting your application. Selecting the highlighted words will take you to a page detailing how to prepare the information.

You’ll need to provide the following:

NSW Planning Portal

From 1 July 2021, all applications for development must be lodged through the NSW Planning Portal. Hard copy applications will not be accepted.

For information regarding applications, go to the NSW Planning Portal website.

The NSW Planning Portal is a digital space where community, industry, and government can work together to better understand and meet their obligations under the Environmental Planning and Assessment Act 1979.

It hosts a range of digital planning services, mapping and reporting tools, services, and guidance to assist all those working in the planning and building industry as well as those involved in a proposed development.

The digital services accessed via dashboards:

  • Improve application determination times
  • Increase transparency of the planning system
  • Ensure greater accountability of all stakeholders

See Frequently Asked Questions (FAQ) at end of page for more information.

How to Lodge a DA

The type and amount of information you need to include in your development application (DA) will depend on what kind of development you’re applying for.

All planning applications must be submitted online through the Portal. 

Before lodging your application, we strongly encourage you to seek advice from Council’s building surveyors to ensure you have all the necessary documentation and understand the type of development application required.

Please email your proposal to mail@cobar.nsw.gov.au for assistance. Our building surveyors can provide guidance on the specific requirements and help you prepare a complete and accurate application.

Or, if you have the necessary documents, please click here to lodge your application. You will be required to create an account which requires you to have an email address. Find “How to Submit a Development Application” in Support Hub (linked in Related Information at the end of the page) once you have created your account.

Development Advice

Getting the right advice before lodging a development or planning application can save you time and money.

Council offers several ways to access guidance on planning rules, development proposals and application processes.

The Planning Administration Officer at Cobar Shire Council provides general assistance and information to help you understand the planning and development process.

Support available includes:

  • General guidance on planning, building, and development processes.
  • Direction to Council’s key planning documents, including the Cobar Local Environmental Plan 2012 and relevant Planning Policies and Resources.
  • Assistance with locating property zoning information and understanding permissible land uses.
  • Information about application requirements, including supporting documentation such as Statements of Environmental Effects.
  • Access to relevant forms, checklists, and resources to assist with lodging a Development Application (DA).

Limitations of service:

The Planning Administration Officer cannot provide:

  • Detailed planning, development, or construction advice.
  • Advice on whether a proposal will be approved prior to formal assessment.
  • Assistance with preparing development documentation.
  • Legal advice or interpretation of legislation.

Disclaimer:
Information provided by Council staff is general in nature and should not be relied upon for property investment or development decisions. For complex proposals or legal matters, applicants are encouraged to seek advice from a qualified planning consultant or legal practitioner.

For larger or more complex development proposals, applicants may request a formal Pre-lodgement Meeting with Council (fees may apply).

A pre-lodgement meeting is a way to get early feedback on your development application before you formally lodge it. This helps to identify and resolve issues before you lodge an application. This can reduce delays when your application is assessed and may save you money.

Council recommends pre-lodgement meetings for complex applications, or where you might want to do work that varies from standard development policies.

You’ll need to provide copies of your:

  • Site plan
  • Floor plan(s) (with dimensions)
  • Site analysis plan, and
  • Any other supporting documents
  • A list of any particular issues you’d like covered at the meeting.

Please note that any advice given at a pre-lodgement meeting doesn’t guarantee approval.

After the meeting, Council will send you notes covering the issues discussed.

What Happens After You Lodge?

Once submitted, your application will be reviewed by Council staff. The key steps involved in the development and construction approval process, from lodging a Development Application (DA) through to obtaining an Occupation Certificate (OC):

  1. After consulting with Council, submit a Development Application (DA) through the NSW Planning Portal, where it will be assessed by  council. This process lasts a minimum of 21 days.
    • This accommodates for:
      • A preliminary assessment. Where a building surveyor will review your plans and assess whether it is okay to accept and lodge the DA
      • Public exhibition period. Once payment is received, as per the Planning & Environmental Assessment Act and CSC Community Engagement Strategy, your application will be placed on public exhibition on Council’s website for a period of 14 days prior to being determined. During this period, your DA cannot be determined, and public may request and make comment on the proposed development.
      • DA Assessment Report. A building surveyor will conduct a site inspection to assess any potential impacts. Based on this and the submitted documentation, Council prepares a formal assessment report and then issues a notice of Determination outlining whether the application is approved or refused, along with any conditions of consent that must be adhered to if approved.
  2. Once your Development Application is approved, check the conditions of consent to determine whether you need to apply for a Construction Certificate (CC). It must be obtained before any construction work begins. 
  3. Before appointing a Principal Certifier or starting construction, check whether your project involves activities that require Section 68 approval under the Local Government Act 1993. If required, this approval must be obtained from Council before construction can proceed.
  4. Throughout the construction process, you are required to arrange inspections at critical stages as outlined in your Construction Certificate. These inspections must be carried out by your appointed Principal Certifier to ensure the work complies with approved plans and relevant regulations. It is your responsibility to contact the PC and schedule inspections at each required stage, such as:
    • before pouring footings,
    • after framing, and
    • prior to final completion.
      • Failure to complete these inspections may delay your Occupation Certificate or result in non-compliance.
  5. Once construction is complete, you must apply for an Occupation Certificate (OC) before the building can be legally occupied or used. This certificate confirms that the building is safe, suitable for use, and complies with all relevant approvals and standards.

See Frequently Asked Questions (FAQ) at end of page for more information.

Frequently Asked Questions

Council currently only assesses the following development applications through NSW Planning Portal: 

  • Development Application (New DA, Mod, Review)
  • Complying Development Certificate (New CDC, Mod)
  • Post Consent Certificate (CC, OC, SC, PCA, SWC)
  • S.68 of the Local Government Act
  • Building Information Certificate

Due to the varying circumstances of each development, such as location and surrounding environment, there is no universal list of required documents. However, the following items provided by NSW Government as mentioned in document for “Application Requirements – March 2020” are recommended to accompany your application:

  1. Requirements for Site Plan
    • This should be an overhead view of the lot/s where the proposed work will be located. Make sure to show the exact location of the proposed work, with accurate measurements from where the boundary of the lot/s are to the proposal, the surrounding walls, any other relevant features and boundary dimensions.
  2. Requirements for a Statement of Environmental Effects
    • A Statement of Environmental Effects should explain the development’s environmental impact, how it was assessed, steps to reduce harm, and compliance with guidelines. It should also include descriptions of the development and site, natural hazards, surrounding land use, planning controls, intended use, access, traffic, utilities, flora and fauna impacts, waste disposal, and social and economic impacts.
  3. Requirements for Drawings (Elevational Views, Floor Plans, etc.)
    • Drawings must show the location of proposed buildings or works relative to boundaries and adjoining development, floor plans with layout and intended uses, elevations and sections with external finishes and heights, temporary structure details, finished land levels, parking arrangements, landscaping, drainage methods, and any BASIX certificate requirements. Elevational views are drawn from a face or side on view. Floor plans are drawn from an overhead view.
  4. Other requirements are outlined in the document linked above.

After consulting with Council’s building surveyor’s and confirming that you have the necessary understanding and documentation for your proposal, you will be sent a guide, supplied from Support Hub on the Planning Portal on how to submit your application to the NSW Planning Portal.  Alternatively, you can arrange a meeting with Planning & Environment staff to help you submit your application and understand how the Portal works.

Fees for lodging a development application vary based on the type and cost of the development. The NSW Planning Portal charges service fees for certain applications, and additional fees may be required by local councils or private certifiers. See Council’s Fees and Charges page for more information.

As seen in the “About the processes” tab above, processing times vary depending on the complexity of the proposal, completeness of documentation, and whether public consultation is required.

A DA process does not start until the application has been “lodged” on the Planning Portal. Until then, it is not considered a formal Development Application, and statutory timeframes do not commence.

Council aims to assess applications as efficiently as possible. It is necessary for a development to be on hold for a minimum of 14 days public exhibition after DA has been assessed and relevant fees have been paid.

The construction phase is scheduled to align with your availability, while considering key milestones, inspection bookings, and other critical stages of the build.

Keeping in regular contact with Council ensures that you are being updated on where your application status is and what the next steps in the process are.

Contact Planning & Environment staff for current timeframes.

A BASIX Certificate is required for most new residential buildings in NSW, including houses, dual occupancies, and residential units (not including pre-manufactured homes). It is also mandatory for renovations valued over $50,000, or pools/spas with a capacity over 40,000 litres.

This certificate ensures the building meets sustainability targets for water efficiency, energy use, and thermal comfort.

Under the State Environmental Planning Policy (Sustainable Buildings) 2022 (SEPP 2022), developments with an estimated cost of less than $5 million that are not residential (e.g. sheds, commercial buildings, or minor additions) are generally exempt.

When lodging your application through the NSW Planning Portal, you’ll be asked whether your proposal is exempt from SEPP 2022. If you’re unsure, contact Council’s Planning & Environment staff for advice

To make a submission on a publicly exhibited development, please contact Council’s Planning & Environmental Services Department on 02 6836 5888 or email to mail@cobar.nsw.gov.au. Provide your comments, support, or objections, and submit before the exhibition period ends. Developments on public exhibition can be found on Council’s Latest News page.

The NSW Planning Portal offers a Support Hub with step-by-step guides, FAQs, video tutorials, and contact options for further assistance. You can access training modules and contact the support team via an online form. You can also contact Cobar Shire Council Planning & Environment staff to assist you with the Portal.

No, unless you are the owner of an application made through the NSW Planning Portal as those documents will always be available to you. For plans or approvals of older development applications, you will need to apply for either a Government Information (Public Access) (GIPA) request or a Council archive search as mentioned on Council’s Access to Information page.

Yes, but you may need to lodge a Modification Application through the NSW Planning Portal. Contact Council to discuss the nature of the changes and whether a formal modification is required.

If you have an unauthorised or illegal structure on your property (such as a shed, extension, or granny flat built without approval) you may be able to apply for a Building Information Certificate (BIC). Council will assess whether the development complies with relevant planning controls and may still issue orders to modify or remove the structure if it doesn’t meet requirements. In some cases, you may also need to lodge a retrospective Development Application (DA). 

Related Information

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