Types of development and applications

Some development proposals require approval from another public authority before development consent can be granted by Council. Integrated development proposals require development consent and one or more of the approvals listed in Section 4.46 of the Environmental Planning and Assessment Act 1979.

Council must not approve the Development Application (DA) if the agency recommends refusal. If the advice is not received within a specific time period, Council can determine the DA.

Visit the NSW Planning Portal for further information on integrated development.

Nominated integrated development is integrated development that requires an approval under separate legislation as referenced in the Environmental Planning and Assessment Regulation 2000.

Nominated integrated development has additional implication due to the public exhibition process. Additional fees will apply for advertising the application, which may be up to 30 days.

Regionally-significant development is defined under Schedule 7 of the State Environmental Planning Policy (State and Regional Development) 2011. It must be assessed and notified by Council, then determined by the relevant Joint Regional Planning Panel.

Designated development are generally development that are likely to have a high impact or are located in or near environmentally sensitive areas. A development can be categorised as designated development by:

• being listed in Schedule 3 of the Environmental Planning and Assessment Regulation 2000
• a Local Environmental Plan or State Environmental Planning Policy

A development application for a designated development must:

• be accompanied by an Environmental Impact Statement (EIS)
• be publicly advertised for a specific period of time
• can be the subject of an appeal to the Land and Environment Court by objectors

Developments that are deemed to have state significance due to their size, economic value or potential impacts are identified in State Environment Planning Policy (State and Regional Development) 2011.

State-significant developments are determined by either the Minister for Planning or the Independent Planning Commission. For further information on state-significant development, refer to the NSW Planning Portal.

You need to obtain approval before building a secondary dwelling via a Complying Development Certificate Application or Development Application.

Complying Development Certificate

Secondary dwellings that meet the specific development standards set out in State Environmental Planning Policy (Affordable Rental Housing) 2009 can be certified as complying development by Council or an accredited private certifier. This approval pathway combines approval for the use of the land and the building construction and allows for the secondary dwelling to be approved within 20 days.

All Complying Development Certificate applications must be lodged via the NSW Planning Portal.

Development Application

If the secondary dwelling does not meet the requirements for complying development, a development application will need to be lodged with Council via the NSW Planning Portal.

Construction of the secondary dwelling cannot commence until a Construction Certificate has been issued. A combined Development Application and Construction Certificate Application can be lodged or the Construction Certificate can be obtained once the Development Application is approved.

Occupation Certificate

After approval is received and the secondary dwelling is constructed, an Occupation Certificate must be obtained before you can reside in the secondary dwelling. The Occupation Certificate certifies compliance with relevant building codes and legislation and indicates the building is in a condition suitable for occupancy.

If the property is identified as bushfire prone land, a bushfire hazard assessment will be required to be submitted with your application.

If the property is identified as flood prone land, the floor will need to meet the floor height planning level for the property.

A secondary dwelling may be permissible with consent in the following zones under the Lake Macquarie Local Environmental Plan 2014:

• R1 General Residential
• R2 Low Density Residential
• R3 Medium Density Residential

You need to obtain approval before building a dual occupancy via a Complying Development Certificate Application or Development Application.

Complying Development Certificate

Dual occupancies that meet the relevant requirements of State Environmental Planning Policy (Exempt and Complying Development) Codes 2008 can be certified as complying development by Council or an accredited private certifier.  This approval pathway combines approval for the use of the land and the building construction and allows for the secondary dwelling to be approved within 20 days.

All Complying Development Certificate applications must be lodged via the NSW Planning Portal.

Development Application

If the dual occupancy does not meet the requirements for complying development, a development application will need to be lodged with Council via the NSW Planning Portal.

Construction of the dual occupancy cannot commence until a Construction Certificate has been issued. A combined Development Application and Construction Certificate can be lodged or the Construction Certificate can be obtained once the Development Application is approved.

Occupation Certificate

After approval is received and the dual occupancy is constructed, an Occupation Certificate must be obtained before you can reside in the dual occupancy. The Occupation Certificate certifies the building’s compliance with relevant building codes and other laws and indicates the building is in a condition suitable for occupancy.

The minimum lot size for dual occupancy development varies depending on the zone of the land, whether the site is within a specific precinct and the type of lot. Refer to clauses 4.1A and 4.2A of Lake Macquarie Local Environmental Plan 2014 and Part 9.6 and the applicable Area Plans of Lake Macquarie Development Control Plan 2014. The physical characteristics of the property will also affect its suitability for a dual occupancy development.

Dual occupancies are not permitted on battle-axe lots.

Torrens Title subdivision of land is allowed within General Residential (R1) and Low Density Residential (R2) zones when it is for the erection of a dual occupancy, and the resulting lot size is at least 250m².

If the application does not meet the above requirements, strata subdivision of the dwellings may be allowed.

Note: Subdivision of the land may not occur until the dual occupancy is constructed.

It is recommended you engage a suitably qualified consultant.

Developments must be designed in accordance with the controls contained in Lake Macquarie Development Control Plan 2014 (DCP 2014).

You are advised to discuss your proposal with your neighbours and consider their concerns to avoid delay in the application process.

Dual occupancies may be permissible with consent in the following zones under Lake Macquarie Local Environmental Plan 2014:

Torrens Title

Torrens Title subdivision involves the creation of new allotments from an existing allotment. This may be achieved by:

• Boundary adjustments - realignment of a lot boundary
• Site consolidations - amalgamation of two or more lots into one lot
• The subdivision of an existing lot into two or more lots.

Community Title

Community Title subdivision involves the subdivision of land so that each resultant lot has a separate title but also shares a common piece of land such as a pool, BBQ area, driveway, garden, etc. The Community Plan associated with the subdivision may also outline a number of development guidelines for the subdivision design and construction.

Strata Title

Strata subdivision gives ownership to individual portions of a larger property and a share of common property such as gardens and driveways. Owners become members of the body corporate and may share responsibility for the whole property. Strata subdivision is most commonly used with dual occupancies, multiple dwelling development, apartment buildings and commercial and industrial buildings.

Stratum Subdivision

Stratum subdivision is the horizontal subdivision of sections of a building into separate titles. An example is the subdivision of a ground floor retail or commercial area from the above residential floors. 

Most subdivisions of land are carried out under Torrens Title subdivision. There are three steps in the subdivision process for Torrens title subdivisions:

1. Development Application (DA) - An approval granted to subdivide land subject to certain conditions.
2. Subdivision Works Certificate (SWC) - An approval for works required to complete the subdivision.
3. Subdivision Certificate (SC) - An approval certifying the plan of subdivision has been completed in accordance with the relevant development consent or complying development certificate and authorising the registration of the plan of subdivision with NSW Land Registry Services.

You can lodge a Development Application and apply for a Subdivision Works Certificate and Subdivision Certificate via the NSW Planning Portal.

The Lake Macquarie Local Environmental Plan 2014 Minimum Lot Size Map identifies the minimum lot sizes that apply for the subdivision of land within Lake Macquarie.

The minimum lot size varies based on the zoning of the land and other factors but for Torrens Title subdivisions is generally as follows:

There are several important factors which must be considered when determining whether a site is suitable for subdivision. These are covered in Lake Macquarie Development Control Plan 2014 and include, but are not limited to:

• Zoning and land use objectives
• Physical constraints such as flooding, vegetation, watercourse, geotechnical issues, sea level rise, mine subsidence
• Lot configuration
• Access
• Availability of public utilities, including water, sewer, electricity and roads
• Restrictions on the use of land, such as easements
• Heritage implications
• Solar efficiency of proposed allotments
• Development potential
• Bushfire prone land.

A dwelling house can be a tiny home. You need to obtain approval before building a tiny house as the primary home on your property via a Complying Development Certificate Application or Development Application.

Dwelling houses that meet the relevant requirements of State Environmental Planning Policy (Exempt and Complying Development) Codes 2008 can be certified as complying development by Council or an accredited private certifier.

If the dwelling house does not meet the requirements for complying development, a development application will need to be lodged. The dwelling house needs to meet the relevant requirements of Lake Macquarie Local Environmental Plan 2014 and development controls for residential development contained in Lake Macquarie Development Control Plan 2014. These planning controls relate to the zoning of the land, site and building requirements, road access and connections to power, water and sewer. A Construction Certificate (if approved via a Development Application) and an Occupation Certificate are also required for the dwelling house.

Both Complying Development Certificate Applications and Development Applications must be lodged via the NSW Planning Portal.

Council's Local Approvals Policy has local criteria that allows manufactured homes as dwelling houses where a dwelling house is permitted under Lake Macquarie Local Environmental Plan 2014. A Development Application will need to be lodged.

The installation of the manufactured home is exempt from requiring separate approval under the Local Government Act 1993. A Construction Certificate is not required.

There are design and construction criteria under Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021.

In circumstances where a development standard under the Regulation is considered unreasonable or unnecessary in a particular circumstance, a s82 objection to a regulation or local policy application can be made for consideration. This may apply in circumstances where construction of a manufactured home on site is proposed or where more than one manufactured home is proposed on a lot.

A granny flat, known as a secondary dwelling, can be a tiny home.

Approval is required before building a tiny home as a secondary dwelling on your property via either a Complying Development Certificate application or Development Application.

A secondary dwelling must be established in conjunction with a principal dwelling (i.e. a primary home), and be located on the same lot of land as the principal dwelling, and cannot be in a strata plan or community title scheme.

A secondary dwelling can have a maximum floor area of 60m2 or 25 percent of the principal dwelling (whichever is greater).

Secondary dwellings that meet the relevant requirements of State Environmental Planning Policy (Housing) 2021 can be certified as complying development.

If the secondary dwelling does not meet the requirements for complying development, a Development Application will need to be lodged. The secondary dwelling needs to meet the relevant requirements of Lake Macquarie Local Environmental Plan 2014 and applicable development controls contained in Lake Macquarie Development Control Plan 2014. A Construction Certificate (if approved via a DA) and an Occupation Certificate are also required.

Secondary dwellings are also subject to local development contributions which must be paid prior to the release of the Construction Certificate.

Both Complying Development Certificate applications and Development Applications must be lodged via the NSW Planning Portal.

Council's Local Approvals Policy has local criteria that allows manufactured homes as dwelling houses where a dwelling house is permitted under Lake Macquarie Local Environmental Plan 2014. A Development Application will need to be lodged.

The installation of the manufactured home is exempt from requiring separate approval under the Local Government Act 1993. A Construction Certificate is not required.

There are design and construction criteria under Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021.

In circumstances where a development standard under the Regulation is considered unreasonable or unnecessary in a particular circumstance, a s82 objection to a regulation or local policy application can be made for consideration.

A caravan, van, portable device (whether on wheels or not), manufactured home or relocatable home can be a tiny home.

The Lake Macquarie City Council Local Approvals Policy and Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds, Moveable Dwellings) Regulation 2021 specifies when an approval for the installation of moveable dwellings is required. There is a variety of moveable dwelling types which provide several different pathways dependent on the type proposed.

Caravan

One caravan can be placed on land without any approval when used only by the owner, or members of the owner's household. A caravan is defined under the regulation as a moveable dwelling designed to be capable of being registered as a trailer, but does not include a camper trailer.

Relocatable home

Where not exempt, a moveable dwelling may still be possible with council approval as a relocatable home; both a Development Application and s68 local approvals policy application is needed. The relocatable home must comply with applicable requirements of the Lake Macquarie City Council Local Environmental Plan 2014 and Development Control Plan. In addition, there are development standards under Local Government (Manufactured Home estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 relating to design, construction and installation.

The relocatable home could be approved under a Development Application as a dwelling house, secondary dwelling or studio. Only one relocatable home is permitted under the regulations.

In circumstances where a development standard under the regulation is considered unreasonable or unnecessary in a particular circumstance, a s82 objection to a regulation or local policy can be made for consideration.

Caravan parks and Manufactured home estates

There is opportunity to place multiple moveable dwellings and/or relocatable homes on one site through seeking approval via a Development Application for a caravan park or manufactured home estate. A s68 approval is also required to operate a caravan park or manufactured home estate under the Local Government Act 1993.

A caravan park is an area of land, with access to communal amenities, used for the installation or placement of caravans, or other moveable dwellings.

A manufactured home estate is land on which manufactured homes are, or are to be, erected.

A studio that is not fully self-contained could be a tiny home.

Approval is required before building a tiny home as a studio on your property via a Development Application.

The difference between a studio and a dwelling house or secondary dwelling, is it is ancillary to the principal dwelling and is not a fully self-contained home. A studio may have some services such as bathroom ensuite or cooking facilities but typically does not have all these facilities as it is not fully self-contained. Associated structures can be built such as decks and patios.

Studios are considered a detached room (annex) to the main dwelling and can be constructed on-site with a construction certificate, or be approved as a moveable dwelling or manufactured home.

Built on-site

The most conventional pathway for tiny homes constructed as studios is via a Development Application and Construction Certificate.

The tiny home would need to comply with the Building Code of Australia Volume One as a class 1a building. Inspections throughout the build would be required and an Occupation Certificate would need to be issued for occupation of the tiny home.

Built off-site and installed

If the tiny home is built/manufactured off-site, a Development Application and s68 approval under the Local Government Act 1993 is required, but no Construction Certificate is required. The s68 would be for a relocatable dwelling without all features of a self-contained home (i.e. bathroom, and kitchen, and laundry).

There are design and construction criteria under Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021.

In circumstances where a development standard under the regulation is considered unreasonable or unnecessary in a particular circumstance, a s82 objection to a regulation or local policy application can be made for consideration.